What Buildings Require DBP Compliance in NSW?

Understanding Which Projects Fall Under the NSW Design and Building Practitioners Act

Since the introduction of the Design and Building Practitioners Act 2020 (DBP Act), many builders, developers, architects and strata managers have been uncertain about which buildings and projects require compliance under the legislation.

The NSW DBP legislation introduced mandatory obligations relating to:

• regulated designs,

• Design Compliance Declarations,

• registered Design Practitioners,

• and construction compliance documentation.

Understanding whether your project is captured by the legislation is essential before construction commences.

This article explains which buildings generally require DBP compliance in New South Wales and the types of works commonly affected.

What Is the NSW DBP Act?

The Design and Building Practitioners Act 2020 was introduced by the NSW Government to improve building quality, accountability and compliance within the construction industry.

The legislation established:

• registration requirements for Design Practitioners,

• mandatory design declarations,

• regulated design obligations,

• and documentation requirements for certain building classes.

The legislation particularly focuses on residential apartment buildings and related regulated structures.

Which Buildings Require DBP Compliance?

The DBP legislation generally applies to:

• Class 2 buildings,

• buildings containing a Class 2 component,

• Class 3 buildings,

• and Class 9c buildings.

This includes both new construction and certain remedial or alteration works.

What Is a Class 2 Building?

A Class 2 building is typically a residential apartment building where people live above or below each other.

Examples include:

• apartment buildings,

• residential flat buildings,

• mixed-use developments containing apartments,

• and multi-storey residential developments.

Most residential apartment developments in NSW fall within this classification and are therefore subject to DBP compliance obligations.

Buildings Containing a Class 2 Component

Even if a building contains other classifications, DBP obligations may still apply if part of the building is classified as Class 2.

Examples include:

• mixed-use developments,

• apartment buildings with retail tenancies,

• developments containing commercial podiums,

• and buildings with shared residential and commercial uses.

In many cases, the presence of residential apartments triggers DBP compliance obligations for the broader project.

What Is a Class 3 Building?

Class 3 buildings generally provide residential accommodation for unrelated persons on a short-term or transient basis.

Examples may include:

• boarding houses,

• student accommodation,

• backpacker accommodation,

• and certain hotels or serviced apartments.

Depending on the project type and building arrangement, DBP requirements may apply.

What Is a Class 9c Building?

Class 9c buildings relate to residential care buildings where occupants may require assistance during evacuation.

Examples commonly include:

• aged care facilities,

• seniors living care buildings,

• and specialised residential care facilities.

These buildings are generally captured under the DBP legislation.

Do Remedial Building Works Require DBP Compliance?

In many cases, yes.

The DBP legislation may apply to remedial works involving regulated building elements or performance solutions.

Examples commonly include:

• waterproofing replacement,

• facade remediation,

• combustible cladding replacement,

• roofing upgrades,

• balustrade replacement,

• structural remediation,

• and fire safety upgrades.

Remedial projects involving occupied Class 2 buildings often require careful coordination of regulated designs and declarations.

What Are Regulated Designs?

A regulated design is a design prepared for a building element or performance solution that requires a declaration under the legislation.

Examples may include:

• waterproofing systems,

• facade systems,

• fire safety systems,

• structural elements,

• architectural regulated designs,

• and performance solutions.

These regulated designs must generally be prepared and declared by registered Design Practitioners before building work commences.

What Happens If a Project Requires DBP Compliance?

Where the legislation applies, projects may require:

• registered Design Practitioners,

• Design Compliance Declarations,

• regulated design lodgements,

• NSW Planning Portal submissions,

• variation management,

• and coordination between consultants and builders.

Construction work generally cannot proceed unless the required regulated designs and declarations have been properly prepared and lodged.

Who Needs to Be Registered?

Depending on the project scope, the following parties may require registration:

• Design Practitioners,

• Principal Design Practitioners,

• and Building Practitioners.

Registration categories depend on the type of regulated work being undertaken.

Common Projects Requiring DBP Compliance

Projects commonly requiring DBP compliance include:

• residential apartment buildings,

• mixed-use developments,

• seniors living developments,

• boarding houses,

• aged care facilities,

• facade remediation projects,

• waterproofing remediation,

• and Class 2 remedial upgrades.

Why DBP Compliance Matters

Failure to comply with the legislation can result in:

• delays to construction,

• Planning Portal issues,

• non-compliant work notices,

• enforcement action,

• and significant project risk.

Proper coordination of regulated designs and declarations is essential for maintaining compliance throughout construction.

How DBP Compliance Can Assist

DBP Compliance provides:

• Design Practitioner services,

• Principal Design Practitioner services,

• declared design coordination,

• NSW Planning Portal assistance,

• and compliance consultancy services throughout New South Wales.

We assist builders, architects, developers, strata managers and remedial consultants in navigating the practical requirements of the NSW Design and Building Practitioners legislation.

Need Assistance With DBP Compliance?

If you require assistance determining whether your project requires DBP compliance, contact DBP Compliance to discuss:

• regulated design requirements,

• declaration coordination,

• remedial building compliance,

• and NSW Planning Portal obligations.