Regulated Design Requirements Under the NSW DBP Act

Understanding Regulated Designs and Compliance Obligations in New South Wales

The introduction of the Design and Building Practitioners Act 2020 (DBP Act) significantly changed the way construction documentation is prepared, coordinated and declared in New South Wales.

One of the most important concepts introduced under the legislation is the requirement for regulated designs and Design Compliance Declarations prior to construction commencing.

For builders, developers, architects and consultants working on Class 2, 3 and 9c buildings, understanding regulated design obligations is essential to maintaining compliance and avoiding project delays.

This article explains what regulated designs are, when they are required, and how the NSW DBP legislation affects construction projects throughout NSW.

What Is a Regulated Design?

A regulated design is a design prepared for a building element or performance solution that requires a declaration under the NSW Design and Building Practitioners legislation.

These designs must generally be prepared by a registered Design Practitioner and accompanied by a Design Compliance Declaration confirming compliance with the Building Code of Australia and relevant standards.

Regulated designs form a critical part of the compliance framework introduced under the DBP Act.

Why Were Regulated Designs Introduced?

The NSW Government introduced regulated design requirements to improve:

• accountability,

• documentation quality,

• consultant coordination,

• and compliance within the construction industry.

Historically, incomplete or poorly coordinated construction documentation contributed to building defects and compliance issues within residential apartment buildings.

The DBP legislation was introduced to improve transparency and ensure declared designs are properly coordinated prior to construction commencing.

Which Buildings Require Regulated Designs?

Regulated design obligations generally apply to:

• Class 2 buildings,

• buildings containing a Class 2 component,

• Class 3 buildings,

• and Class 9c buildings.

This commonly includes:

• apartment buildings,

• mixed-use developments,

• seniors living developments,

• boarding houses,

• aged care facilities,

• and certain remedial building works.

What Types of Designs Are Regulated?

Regulated designs may apply to a range of building elements and systems including:

Waterproofing Systems

Waterproofing regulated designs commonly apply to:

• balconies,

• podiums,

• rooftops,

• wet areas,

• planter boxes,

• and external membrane systems.

Building Enclosure Systems

This may include:

• facade systems,

• external wall systems,

• cladding systems,

• glazing systems,

• and weatherproofing details.

Structural Elements

Structural regulated designs may relate to:

• load-bearing systems,

• transfer structures,

• reinforcement details,

• and structural remediation works.

Fire Safety Systems

This may include:

• fire-rated construction,

• smoke hazard management,

• fire separation systems,

• and passive fire protection systems.

Performance Solutions

Performance solutions under the National Construction Code may also require regulated design declarations.

Who Can Prepare a Regulated Design?

Regulated designs must generally be prepared by a registered Design Practitioner in the relevant registration class.

Depending on the project, this may include:

• architects,

• structural engineers,

• fire engineers,

• facade consultants,

• waterproofing consultants,

• and other specialist practitioners.

The practitioner preparing the regulated design is responsible for issuing a Design Compliance Declaration.

What Is a Design Compliance Declaration?

A Design Compliance Declaration is a declaration issued by a registered Design Practitioner confirming that:

• the regulated design complies with the Building Code of Australia,

• applicable Australian Standards,

• and other relevant legislative requirements.

These declarations form part of the mandatory compliance documentation under the NSW DBP framework.

When Must Regulated Designs Be Lodged?

Regulated designs and declarations must generally be lodged on the NSW Planning Portal before the relevant building work commences.

This is one of the most important requirements under the legislation.

Construction work involving regulated building elements should not proceed until the required regulated designs and declarations have been properly prepared and lodged.

What Happens When Designs Change During Construction?

Construction-stage variations are common on most projects.

Where a regulated design changes, updated regulated designs and declarations may also be required before the varied work proceeds.

Examples may include:

• waterproofing system changes,

• facade revisions,

• structural modifications,

• or performance solution updates.

Proper variation management is essential for maintaining compliance throughout construction.

What Is the Role of a Principal Design Practitioner?

On larger or more complex projects, a Principal Design Practitioner (PDP) may coordinate:

• regulated design declarations,

• consultant coordination,

• NSW Planning Portal lodgements,

• and variation management.

This assists builders and developers in managing the substantial documentation obligations associated with DBP compliance.

Do Remedial Projects Require Regulated Designs?

In many cases, yes.

Remedial building works involving regulated building elements may require:

• regulated designs,

• Design Compliance Declarations,

• and NSW Planning Portal lodgements.

Common examples include:

• facade remediation,

• waterproofing replacement,

• combustible cladding replacement,

• roofing remediation,

• balustrade upgrades,

• and structural repair works.

Occupied Class 2 remedial projects often involve extensive compliance coordination.

Consequences of Non-Compliance

Failure to properly manage regulated design obligations can result in:

• project delays,

• stop work issues,

• compliance enforcement action,

• difficulties obtaining Occupation Certificates,

• and increased project risk.

Proper coordination of regulated designs is critical to maintaining compliance throughout the construction process.

How DBP Compliance Can Assist

DBP Compliance provides:

• Design Practitioner services,

• Principal Design Practitioner services,

• regulated design coordination,

• Design Compliance Declarations,

• NSW Planning Portal assistance,

• and remedial building compliance consultancy throughout NSW.

We assist builders, developers, architects and consultants in managing the practical compliance obligations associated with the NSW Design and Building Practitioners legislation.

Need Assistance With Regulated Designs?

If you require assistance with:

• regulated design requirements,

• Design Compliance Declarations,

• remedial building works,

• NSW Planning Portal lodgements,

• or Principal Design Practitioner services,

contact DBP Compliance to discuss your project requirements.