Certifiers have certain responsibilities when working on regulated buildings under the Design and Building Practitioners scheme in NSW.
On this page
Building and development certifier registration
Staged construction certificates
Certifier responsibilities before issuing a certificate
Principal certifier responsibilities before issuing an occupation certificate
Transitional arrangements for class 3 and 9c buildings
Building work excluded from compliance declaration requirements
Key information
- Certifiers have statutory obligations and functions set out by the Building and Development Certifiers Act 2018 and other legislation.
- Certifiers working on class 2 buildings must also adhere to the Practice Standard for registered certifiers.
- Certifiers have certain responsibilities when working on regulated buildings under the Design and Building Practitioners Act 2020 (currently class 2, 3 and 9c) to ensure upfront design and compliant building work.
- Certifiers must ensure all regulated designs and design compliance declarations are provided before issuing a construction certificate (CC) or complying development certificate (CDC).
- Certifiers cannot provide an occupation certificate until all compliance declarations are lodged on the NSW Planning Portal.
- Transitional arrangements exist for work on class 3 and 9c buildings.
Building and development certifier registration
All persons who carry out certification work must hold individual registration in the relevant class of registration. The only exception is for council officers carrying out swimming pool inspections or subdivision certification on behalf of a council.
Council officers carrying building certification and building inspections on behalf of a council must hold individual registration.
Find out how to register on the becoming a certifier page.
You must register as an individual on the NSW Fair Trading Building Certifiers Portal. A company may apply for corporate registration however any individual carrying out certification work for a registered body corporate must also hold an individual registration.
Certifiers working on class 2 buildings have a responsibility to adhere to the Practice standard for registered certifiers. The practice standard sets out the expected conduct of registered certifiers carrying out building certification work, and is issued under section 14 of the Building and Development Certifiers Act 2018.
Staged construction certificates
Staged construction, carried out under multiple construction certificates, is permitted under the Design and Building Practitoners Act 2020 (DBP Act).
For staged construction, a building practitioner must lodge the relevant construction issued regulated designs (CIRDs) and design compliance declarations related to a construction certificate on the NSW Planning Portal before the building work related to that construction certificate can commence.
Certifier responsibilities before issuing a certificate
Under clause 29 of the Design and Building Practitioners Regulation 2021 (DBP Regulation), certifiers are prohibited from issuing a construction certificate (CC) or a complying development certificate (CDC) for a class 2, 3 or 9c buildings unless the following documents have been provided to them:
- design compliance declarations for all building elements and performance solutions to which the building work relates, and
- for each design compliance declaration, the regulated design/s covered by the design compliance declaration.
For this scheme, ‘building element’ means any of the following:
- fire safety systems (including passive fire)
- waterproofing
- building structure
- building enclosure
- building services that are required by the Building Code of Australia.
‘Performance Solution' means a method of complying with the performance requirements set out in the Building Code of Australia other than by a Deemed-to-Satisfy solution.
This will assist the certifier in satisfying their role under the DBP Act when issuing an occupation certificate.
Principal certifier responsibilities before issuing an occupation certificate
Under clause 30 of the DBP Regulation the principal certifier is prohibited from issuing an occupation certificate (OC) unless the building compliance declaration for the building work has been provided to the principal certifier.
Under section 27 of the Design and Building Practitioners Act 2020 (DBP Act), a principal certifier (PC) must carry out the following functions before issuing an occupation certificate:
- A principal certifier must not issue or determine an application for an occupation certificate until they are satisfied all compliance declarations required for the building work have been lodged in accordance with the DBP Act.
- This requires the certifier to confirm all design compliance declarations and the building compliance declaration for the building work have been lodged on the NSW Planning Portal before issuing an occupation certificate (OC).
- A principal certifier who is responsible for issuing an occupation certificate for building work must consider any instances of non-compliance specified in the compliance declarations relating to the building work when deciding whether to issue the certificate.
- This requires the certifier to read all design compliance declarations and the building compliance declaration submitted to check if there are any non-compliances specified in them before deciding whether to issue the OC.
Transitional arrangements for class 3 & 9c buildings
Certifiers need to be aware of the transitional arrangements in place for class 3 and 9c buildings.
Building work already started before 3 July 2023
If building work began before 3 July 2023 under a construction certificate (CC) or complying development certificate (CDC), requirements under the DBP Act for upfront design and registration of key practitoners does not apply to work on that certificate.
However, the designs that the builder relied upon need to be lodged on the NSW Planning Portal before an application for an occupation certificate is made.
A design compliance declaration does not need to be lodged with the designs. Additionally, a building compliance declaration does not need to be submitted. Subsequent building work that is started under another CC or CDC after 3 July 2023 will need to comply in full with the DBP Act.
A principal certifier responsible for issuing an occupation certificate for this building work must not issue the occupation certificate unless the principal certifier is satisfied that all designs required for the building work have been lodged on the NSW Planning Portal in accordance with the DBP Act.
Building work is about to start on or after 3 July 2023
If building work is scheduled to start after 3 July 2023 under a CC or CDC, the rules and obligations under the DBP Act apply to that work. This applies regardless of whether the construction certificate was issued before or after 3 July 2023.
Where designs have been prepared before 3 July 2023 by a practitioner who is not eligible for registration, those designs need to be reviewed by a registered design practitioner who is able to provide a Certificate for Design Compliance prepared before 3 July 2023.
The Certificate allows the building practitioner to use the design for building work as though it was a regulated design.
If the designs which were prepared before 3 July 2023 undergo a variation on or after 3 July 2023, then the DBP Act comes into effect. A regulated design will need to be prepared and a registered practitioner must make a design compliance declaration.
Building work excluded from compliance declaration requirements
Certifiers need to be aware of the exclusions under clause 13 of the DBP Regulation.
Some building work on a regulated building class (currently 2, 3 & 9c) is excluded from needing a compliance declaration. This includes where the building work is:
- valued at less than AU$5000 including labour and materials (excluded under the Home Building Act)
- exempt under environmental planning except waterproofing work
- waterproofing work within a single dwelling carried out as a result of alterations to a bathroom, kitchen, laundry or toilet and which is
- exempt development
- being done under a HomeBuilder grant
- being done under a council order except related to cladding
- being done under a development control order except related to cladding
- for the maintenance of a component of a building including a fire safety system except a load-bearing component that is essential to the stability of a building
- for the maintenance of a component of a system in the building for mechanical, plumbing or electrical services
electrical or plumbing work that is a performance solution for building work, other than work for a building element - the subject of a development consent but is not work for a building element or performance solution for building work (work not requiring a regulated design)
- a non-structural* fit-out only for class 5, 6, 9a or 9b parts
exempt from Building Code of Australia (BCA) under clause 164B, 187 or 188 - the installation of an awning, blind or canopy over a window or door
- the installation of a roofed structure over a balcony, deck, patio or terrace, whether open or enclosed, unless the roofed structure is
- installed above the existing topmost roof of the building.
* A structural component of a building means an internal or external load-bearing component of the building that is essential to the stability of the building or part of it, including in-ground and other foundations and footings, floors, walls, roofs, columns and beams.
Need further support?
For questions related to the requirements under the Design and Building Practitioner scheme, contact NSW Fair Trading on 13 32 20.
For questions related to lodging documents on the NSW Planning Portal call 1300 305 695 or email [email protected]