The Design and Building Practitioners Regulation 2021 (the Regulation) will take effect on 1 July 2021.
All Class 2 building projects will need to comply with the new requirements. This includes Class 2 buildings of all shapes and sizes - including low rise apartments and walk up townhouses with shared garages, and some granny flat developments.
Engineers, building designers and builders working on Class 2 buildings in NSW should be aware of the following:
- All regulated building work (design and building work) must be carried out under the supervision of, and ‘signed off’ (or declared) by persons registered under the Regulation. Registration will require 5 years of recent relevant experience.
- Where an external party is contracted the Building Practitioner will need to ensure that the practitioners hold the appropriate registrations for the work being conducted e.g. design and engineering.
- All of the required regulated designs must be declared as compliant with the Building Code of Australia (BCA), and submitted on the Planning Portal before construction can start.
- Any variation to the submitted plans must be documented, and variations to regulated designs must be declared as compliant by a registered designer and resubmitted.
- A registered building practitioner must declare that the completed building complies with the BCA, and submit ‘as-built’ plans on the Planning Portal before making an application for an Occupation Certificate (OC).
- All Practitioners will be required to hold insurance from 1 July 2023 (the type and amount is yet to be determined).
- Class 2 buildings with a Construction Certificate (CC) or Complying Development Certificate (CDC) issued prior to 1 July 2021
- Which projects will be captured?
- Construction commenced prior to 1 July 2021:
- All designs for the building under construction must be submitted on the Planning Portal before making an application for an OC.
- Construction to commence on or after 1 July 2021:
- All regulated designs must be reviewed and declared as compliant with the BCA by a registered design practitioner.
- The builder must make application to be a registered building practitioner.
- The designs and design declarations must be submitted on the Planning Portal.
- All this must occur before commencing work.
- Class 2 buildings with a CC or CDC issued on or after 1 July 2021
- Must comply with all provisions of the Regulation.
- Construction commenced prior to 1 July 2021:
Registration of practitioners
Applications for registration must be submitted on the Service NSW website from 1 July 2021.
Practitioners are required to demonstrate 5 years of recent experience (within the last 10 years) performing related work on Class 2, 3, 9a or 9c buildings in addition to skills and qualification requirements.
A transition period for registration will apply up until 31 December 2021. During this time a practitioner who has submitted a full application will be “deemed” registered and can continue working.
More detailed information sheets covering the requirements, obligations, and transitional arrangements will be released over the coming weeks. Information has also been released by Fair Trading NSW.
If you require assistance with this matters or would like additional information HIA members should contact the HIA Building Services team on 1300 650 620
Craig Jennion
HIA Executive Director – Hunter