Information to help design practitioners prepare regulated designs and make design compliance declarations under the Design and Building Practitioners scheme.
On this page
Design practitioner registration
Before applying for an occupation certificate
How to maintain your registration as a design practitioner
Auditing of design practitioners
Key information
- Regulated designs are designs related to a building element or the development of a performance solution on a regulated building (currently class 2, 3 or 9c buildings, including mixed-use buildings).
- Whenever there is building work on a regulated building, which involves a building element or a performance solution, a design practitioner who is registered under the Design and Building Practitioner scheme must prepare regulated designs.
- New and existing building work applies for class 2
- New building work for class 3 & 9c from 3 July 2023 and alteration or renovation work for existing class 3 & 9c buildings from 1 July 2024
- Regulated designs must be lodged on the NSW Planning Portal before any building work relevant to the designs can start. The building practitioner or ‘appointed practitioner’ is responsible for lodging designs and declarations.
- A certifier cannot issue a construction certificate or a complying development certificate for regulated work without declared designs by a registered design practitioner.
- After work has started, if there is a variation involving a building element or a performance solution, new regulated designs must be prepared before building work can continue. Updated or new designs must be lodged in the NSW Planning Portal.
Design practitioner registration
Design practitioners must be registered under the Design and Building Practitioners scheme to declare documents before they are lodged on the NSW Planning Portal by the building practitioner, and before work starts on regulated buildings (currently class 2, 3 & 9c).
Find out how to register on the design practitioner registration page.
Before building work starts
1. Design and declare
Design practitioners must prepare designs and design compliance declarations for the building practitioner to lodge on the NSW Planning Portal before building work starts on regulated building classes (currently class 2, 3 & 9c).
Design
Responsible: registered design practitioner
A registered design practitioner needs to prepare regulated designs when there is building work on a class 2, 3 or 9c building, which involves a building element or a performance solution. This applies for new and existing class 2 buildings whereas alteration or renovation work for existing class 3 and 9c buildings will come into effect on 1 July 2024. Some work is excluded as building work which means regulated designs are not required.
Remember, you don’t have to be registered to develop the designs; only the supervising designer who will sign off on the design compliance declaration needs to be registered.
Building work definitions
‘Building work’ is either:
- construction of a new building;
- making alterations or additions to an existing building;
or
- repair, renovation or protective treatment of a building.
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.
Other design regulations
Regulated designs will be required for all parts of a building where the building has a regulated (class 2, 3 or 9c) part. As an example, a mixed-use building with offices (class 5) and residences (class 2); or work above a class 7 carpark.
Remember, you can only prepare and declare designs according to your class/es of registration. This includes limits to the size of the building if you are registered in a low-rise or medium-rise registration.
Some building work is excluded from needing a compliance declaration under the DBP legislation.
2. Declare
Responsible: registered design practitioner
Design compliance declaration
A design practitioner registered under the scheme must make a design compliance declaration when a design is ready to be used for building work. This means the designs must be construction issued regulated designs and not shop drawings or other drafts.
By making a declaration, the registered design practitioner confirms if a building practitioner follows the designs that comply with the Building Code of Australia and that, if required, it takes into account other relevant regulated designs.
A certifier cannot issue a construction certificate or complying development certificate without these documents.
Which building work is excluded from design compliance declaration requirements?
Some building work on a regulated building class (currently 2, 3 & 9c) is excluded from needing a compliance declaration under the DBP legislation. 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.
See Section 13 of the Design and Building Practitioners Regulation 2021 for exemptions.
Compliance declaration forms
Compliance declaration forms should be completed by the design practitioner in their field of competency.
A principal design practitioner may be assigned to declare in the case of bigger and more complex projects where hundreds or thousands of designs will need to be lodged. They will coordinate and collect designs and declarations from other registered design practitioners.
The compliance declaration forms were updated on 16 January 2023 to make it easier to adhere to legislative requirements. It is recommended to use the below links each time a compliance declaration needs to be completed to ensure you are using and lodging the most current version of the forms.
The multiple regulated design form was removed from the Fair Trading website and was no longer accepted after 5 March 2023. A separate design compliance declaration form must now be completed and lodged for each regulated design, even if you are registered as a design practitioner under multiple classes.
The building compliance declaration form is only available for online submission on the NSW Planning Portal.
Standard title block for design practitioners
A standard title block is mandatory for regulated designs that are drawings or designs. The title block contains important information about the design and the practitioner who has made the declaration. The title block will be used by the NSW Planning Portal to extract data relating to the design.
Design Practitioners must ensure all declared regulated designs include a standard title block.
The title block is provided in two formats. Use the .dwg template for documents created in CAD systems, such as drawings. Use the .PDF template for documents created in Word, such as designs that consist of independent schedules, specifications or reports.
- Standard title block template (DWG file)
- Standard title block template (PDF)
Information on shoring, underpinning or anchoring
A registered design practitioner - structural engineering, or design practitioner - geotechnical engineering, needs to provide regulated designs for any work that involves shoring, underpinning or anchoring. This includes after work starts and there are design variations which may impact shoring, underpinning or anchoring.
Before building work starts
If there are ground anchors that access neighbouring land, the building practitioner has the following responsibilities:
- If an encroaching ground anchor is being proposed, the building practitioner must provide a ‘ground installation right document’. A ground anchor installation right document means a document that permits the installation of a ground anchor on neighbouring land, and shows the proposed location of the anchor. This could include a registered easement, a licence agreement, or a deed.
- For neighbouring land that is a public road, a consent under the Roads Act 1993 from the appropriate roads authority is required to permit the installation of the ground anchor.
- If the ground anchor is a temporary encroaching ground anchor, the building practitioner must also provide a document detailing:
- the process for destressing the temporary encroaching ground anchor, and
- the time the destressing will occur.
- If the ground anchor is a removable encroaching ground anchor, the building practitioner must also provide a document detailing:
- the process for the removal of a removable reinforcement tendon, and
- the time the removal will occur.
3. Lodge designs, documents and compliance declarations
Responsible: building practitioner or ‘appropriate practitioner’ (design practitioner or principal design practitioner)
Note: the building practitioner holds ultimate responsibility for ensuring that the designs are lodged.
A registered design practitioner or principal design practitioner working on the same project as a building practitioner can be nominated as an ‘appropriate practitioner’. An appropriate practitioner can lodge designs, documents and design compliance declarations on behalf of a building practitioner on the NSW Planning Portal.
Lodge regulated designs
The building practitioner or appropriate practitioner lodges ‘construction-issued regulated designs’ on the NSW Planning Portal before construction starts. This is defined under the DBP Amendment Regulation 2021 as a regulated design containing all the necessary detail for the building practitioner to carry out building work and is compliant with the Building Code of Australia.
Documents lodged at this stage are:
- a copy of each construction-issued regulated design for building work
- a copy of each design compliance declaration for regulated designs
- a 'ground installation right document' (for ground anchors) and further documentation about destressing (for temporary ground anchors), if applicable
- a principal compliance declaration (if there is a principal appointed).
The building practitioner must give the principal design practitioner, if there is one, 14 days’ written notice before building work starts. This gives the principal design practitioner time to collate and complete the principal compliance declaration.
What happens after designs are lodged?
Design practitioners will not be notified when their design has been lodged.
Building work can begin once the building practitioner lodges all the regulated designs.
The NSW Building Commissioner and NSW Fair Trading undertake proactive and reactive inspections, including reviewing designs that have been lodged on the NSW Planning Portal and audits of building work.
You may need to rectify any issues in the design before construction can continue.
After building work starts
1. Declare variations for a building element or performance solution
Variations related to a key building element or performance solution must be declared for compliance. This may be continuous throughout the construction phase. Variations must be lodged on the NSW Planning Portal.
Variations can be declared using the same form that you would use to make a design compliance declaration. A new design compliance declaration form must be completed if the variation involves a building element or performance solution.
2. Lodge variations
A registered building practitioner or appropriate practitioner lodges each varied design and declaration within one day of the variation.
Work may need to stop so that the varied design can be prepared and declared in time to meet this timeframe.
Documents lodged at this stage:
- a copy of each varied regulated design
- a copy of the regulated design for a new building element or performance solution
- a copy of each design compliance declaration for the above designs.
Variations to an aspect of a regulated design unrelated to a building element or performance solution do not need to be signed off by a design practitioner but must be recorded by the building practitioner in a variation statement.
Before applying for an occupation certificate
An occupation certificate is issued by the certifier and authorises the occupation and use of a new building or part of a building.
The person applying for the occupation certificate must notify the building practitioner before they apply for the occupation certificate. This notice must be given at least 14 days before the application is made.
If there is a principal design practitioner, the building practitioner needs to give them 14 days written notice before making a building compliance declaration. This gives the principal design practitioner time to collate and complete the principal compliance declaration.
The registered building practitioner must then, before an occupation certificate application is made, provide a building compliance declaration to declare building work has been built according to the designs prepared. This is an online form available on the NSW Planning Portal.
Only a registered building practitioner can make and lodge the building compliance declaration.
How to maintain your registration as a design practitioner
Design practitioners (as well as building practitioners and professional engineers) have additional obligations under the legislation to maintain their registration. These are outlined below.
Code of practice
Design practitioners must comply with a Code of practice that sets out required professional and ethical standards. The Code includes the duty to:
- act in a professional manner
- act within their level of competence and expertise
- maintain satisfactory level of competence
- avoid conflicts of interest
- maintain confidentiality.
The Code of practice is in Schedule 4 of the Design and Building Practitioners Regulation 2021.
Continuing Professional Development (CPD)
Design practitioners must:
- complete at least three hours of continuing professional development for each year of registration
- keep written records, such as certificates of completion or records of attendance, for five years.
Courses are available from the Construct NSW Digital Learning Platform and the Australian Building Codes Board National Construction Code CPD system.
Download the CPD guidelines (PDF) for more information to help you meet your requirements.
Record keeping
Design practitioners must:
- keep records for at least 10 years from the date the building work was completed. This continues to apply even if the practitioner ceases to be a prescribed practitioner
- keep a record of each project for building work for which a compliance declaration was issued. The record must include:
- the number of compliance declarations provided by the practitioner
- the class of building
- the name of the developer in relation to the work and the developer's place of business
- the name of the local government area in which the project is located
- the address of the project including the lot and deposited plan number
- the name of the person who engaged the practitioner
- the name of the owner of the land or premises
- the name and registration number of other registered practitioner involved in the project.
- keep copies of a regulated design for which a design compliance declaration was provided by the practitioner
- keep copies of the design compliance declaration provided by the practitioner.
More information about record keeping is published in Part 7 of the Design and Building Practitioners Regulation 2021.
Insurance
Mandatory insurance requirements for registered design practitioners and principal design practitioners commenced on 1 July 2022.
A registered design practitioner must ensure that all design work carried out by the individual as a registered practitioner is indemnified under a professional indemnity policy. Similarly, a registered principal design practitioner must ensure that all principal design work carried out by the individual as a registered principal design practitioner is indemnified under a professional indemnity policy.
The policy must extend the indemnity to all liability of the registered individual for regulated work from when the practitioner first became registered under the design and building practitioner scheme.
A partnership indemnity policy must extend to any registered practitioner while they were partner or employee including before when the policy started.
Auditing of design practitioners
Our audits of design practitioners help to build trust in the building and construction industry.
The audit focuses on a practitioner's compliance and on their conduct as well as projects with high complexity or the potential to impact a large number of people.
We will use complaints data and other intelligence about practitioner conduct to choose our targets for audits.
Our audit process, risk analysis framework, audit outcomes and regulator activities after an audit are detailed in this audit strategy.
Learn more about our strategy for auditing design practitioners.
NSW Planning Portal - online training and resources
If you would like help with using the NSW Planning Portal, online training sessions are available.
Frequently asked questions
What is the difference between a design practitioner and a principal design practitioner?
A design practitioner is responsible for making design compliance declarations – they declare that designs comply with the Building Code of Australia and other relevant standards.
The principal design practitioner is an optional role. The role was designed with the bigger, more complex projects in mind. On those projects, hundreds or even thousands of designs will need to be lodged.
Where a principal design practitioner is appointed, they are responsible for making principal compliance declarations, stating that all design compliance declarations have been made by registered and authorised practitioners.
Who can register as a principal design practitioner?
To be registered as a principal design practitioner, you must already be registered as a design practitioner. However, not all classes of design practitioner satisfy the eligibility criteria to be a registered principal design practitioner. If you are a practitioner in the following roles, you cannot register to become a principal design practitioner:
- Building design (low rise)
- Building design (medium rise)
- Drainage (restricted)
- Vertical transportation
When should a principal design practitioner be appointed?
Building practitioners may choose to appoint a principal design practitioner to assist them, especially on large or complex developments where hundreds or even thousands of designs will need to be lodged.
It is not compulsory to have a principal design practitioner. Where there isn’t a principal design practitioner appointed, the building practitioner or their nominated delegate will lodge documents.
When does a design practitioner have to make a design compliance declaration?
Each time a design practitioner provides a person with a design in a form suitable for use for building work, they are required to make a design compliance declaration. Any subsequent variations to the design will require a new design compliance declaration.
This declaration confirms whether the design complies with the Building Code of Australia and whether it integrates details of other relevant designs or other aspects of building work.
If a design is at an early stage and is not ready for use for building work, it does not need a design compliance declaration or to be lodged.
Will all designers employed in a firm need to be registered?
This will be a decision for individual firms to make. The reforms do not require everyone who is working and contributing to the development of designs in a firm to register. Under the Act, ‘preparing a design’ includes personally preparing the design, as well as coordinating or supervising the preparation of the design.
In a design firm that needs to sign off on designs for regulated buildings, at a minimum, the person who makes the design compliance declaration would be required to hold registration.
A design firm that is a body corporate can be registered as a design practitioner.
Can design practitioners register in more than one class?
Yes. You can register in multiple classes of design practitioner if you can meet the eligibility criteria for each class. This may be useful if your work overlaps several disciplines.
For example, a person with sufficient experience and qualifications in both Mechanical Engineering and Vertical Transportation (i.e. lifts or escalators) can be registered in both classes of design practitioner.
There are some eligibility limitations for designers registered in the classes of Fire Systems.
Can a design practitioner - building design (medium rise) declare designs for low rise buildings?
Yes, if a person holds registration as a design practitioner – building design (medium rise) they can declare designs for low rise buildings without needing to be separately registered as a design practitioner – building design (low rise).
Can a design practitioner - drainage also declare drainage designs for a building that has a rise of no more than 6?
Yes, if a person holds registration as a design practitioner – drainage they can declare designs for stormwater drainage and roof drainage systems for a building that has a rise in storeys of no more than 6 without needing to be separately registered as a design practitioner – drainage (restricted).
Do I need to make a declaration for waterproofing work for renovation or remediation?
Before building work can begin for any waterproofing changes to a regulated building or a building with a regulated part, designs must be prepared and declared by a registered design practitioner.
A registered building practitioner must then carry out that work and declare that the work is consistent with the declared design, as well as being compliant with the Building Code of Australia. This includes waterproofing that is exempt development relating to a renovation or a remediation.
There are limited exemptions to the requirement to have practitioners registered under the Design and Building Practitioners scheme to carry out waterproofing work to a regulated building or a building with a regulated part.
A registered practitioner is not required where the waterproofing is:
- exempt development, and
- the work is limited to a bathroom, kitchen, laundry or toilet, and
- the work is in a single dwelling.
Single dwelling means a single unit or townhouse.
Declared designs are also not required where you are carrying out an exempted fit-out of a commercial premises.
What work can I do if I'm not able to be registered?
If you are a design practitioner who is ineligible for registration under the DBP Act, you can still gain experience on regulated buildings.
Examples of gaining experience include:
- you could commission a registered practitioner to prepare and declare regulated designs in relation to that part of the work that you’re not registered to do. The registered design practitioner who has been commissioned is limited to declaring regulated designs within the scope of their registration.
- you are an architect who is not registered under the DBP legislation. You are preparing designs for building work, which is excluded under the DBP Regulation, however part of the work includes moving a load-bearing wall. This building element is covered by the DBP legislation and is required to have regulated designs.
- For this project, you could work with a registered design practitioner in the class of structural engineering who can prepare the regulated design and design compliance declaration for this building element part of the work. They can refer to the architect’s documentation on their design compliance declaration.
This enables current practitioners to gain experience working on buildings covered by the DBP scheme and count toward their required experience for eligibility as a design practitioner.
Which building work is excluded from compliance declaration requirements?
Some building work on a regulated building class (currently 2, 3 & 9c) is excluded from needing a compliance declaration under the DBP legislation. 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.
See Section 13 of the Design and Building Practitioners Regulation 2021 for exemptions.
When did the building work start for a class 2 building? It can affect what is required of you (transitional arrangements)
If you have started building work before 1 July 2021 under a construction certificate (CC) or complying development certificate (CDC), some parts of the Design and Building Practitioner legislation does not apply to work under that certificate. However, the designs you have relied upon will still need to be lodged before an application for an occupation certificate is made.
Designs prepared before 1 July 2021 can still be used for building work commenced before 1 July 2022, provided they are reviewed by a registered design practitioner who issues a certificate of design compliance.
If the designs which were prepared before 1 July 2021 undergo a variation on or after 1 July 2021, then the Design and Building Practitioner Act comes into effect. A regulated design will need to be prepared and a registered practitioner must make a design compliance declaration.
Subsequent building work that is started under another CC or CDC after 1 July 2021 will need to comply with the Design and Building Practitioner legislation.
When did the building work start for a class 3 or 9c building (without a class 2 part)? It can affect what is required of you (transitional arrangements)
Building work already started before 3 July 2023
If you have started building work before 3 July 2023 under a construction certificate (CC) or complying development certificate (CDC), the DBP Act does not apply to work on that certificate. However, the designs you have relied upon will 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 with the Design and Building Practitioners 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 particular complying development certificate or construction certificate, the rules and obligations under the DBP Act apply to you. This applies regardless of whether your 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 will 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.
You must ensure that your:
- builder is registered as a building practitioner under the DBP Act
- Building practitioner provides your certifier with copies of all declared designs that have been prepared by a registered design practitioner through the NSW Planning Portal
All design and building work on a construction certificate or complying development certificate from 3 July 2023 (including staged development projects) will need to comply with all requirements under the DBP legislation.
Does emergency remedial work require a regulated design?
Emergency remedial building work can be carried out without regulated designs. Building work is only considered ‘emergency remedial building work’ if it meets specific criteria.
NSW Fair Trading has powers under the DBP legislation over remedial building works and over registered practitioners to ensure that work is being performed appropriately. Audits will be conducted to ensure the work that is claimed to be emergency remedial work satisfies the criteria.
The criteria for ‘emergency remedial building work’ and information about your obligations can be found on the emergency remedial building work page.
How do I prepare a regulated design?
In preparing a regulated design for a regulated building class, registered design practitioners must:
- understand when a regulated design is required
- refer to the minimum technical requirements outlined in the Regulated Design Guidance Material [PDF]
- comply with any requirements in the Ministerial Order. Currently the Ministerial Order covers requirements for regulated designs, shoring and anchoring in building work
- coordinate with other practitioners to integrate designs and building work including plumbing and wiring requirements. This will minimise the need for variations once building work starts and ensure building work follows design.
Each regulated design must be prepared by a registered design practitioner and must accord with relevant elements of the Regulated Design Guidance Material.
A design practitioner may rely on specialist advice.
Regulated designs must also include a standard title block positioned in the top left-hand side of the design. Only versions of the regulated design need to be included in the title block. Designers can have their own separate title block to record earlier versions of designs before they are issued for construction. A title block is a table of information containing details about the design and its relevant development.
Download the standard title block template from our website. The template is provided in .dwg format so it can be used in your CAD systems.
What do I need to include when providing a regulated design?
When providing a regulated design, the registered design practitioner must provide:
- the standard title block. A title block is a table of information containing details about the design and its relevant development.
- a copy of each construction-issued regulated design for building work.
Need further support?
For questions related to the requirements under the Design and Building Practitioner scheme, contact NSW Fair Trading on 13 32 20.
You can also contact Service NSW to ask a question, report an issue or give feedback.
For questions related to lodging documents on the NSW Planning Portal call 1300 305 695 or email [email protected].
Refer to the Design Practitioner Handbook for more information.