Common DBP Compliance Mistakes in Class 2 Buildings

Understanding the Most Common Compliance Risks Under the NSW DBP Act

Since the introduction of the Design and Building Practitioners Act 2020 (DBP Act), many Class 2 building projects across NSW have encountered compliance issues due to misunderstanding or poor coordination of regulated design obligations.

Even experienced project teams can encounter difficulties managing:

• regulated designs,

• Design Compliance Declarations,

• consultant coordination,

• and NSW Planning Portal submissions.

This article outlines some of the most common DBP compliance mistakes affecting Class 2 buildings and how they can be avoided.

1. Construction Commencing Before Declared Designs Are Lodged

One of the most common issues involves construction commencing before regulated designs and declarations have been properly lodged.

Under the DBP legislation, regulated designs must generally be declared and uploaded before the relevant building work commences.

Failure to properly coordinate these submissions can create significant compliance risks.

2. Incomplete Waterproofing Documentation

Waterproofing systems are one of the most commonly regulated building elements.

Common issues include:

• missing termination details,

• unclear membrane interfaces,

• incomplete falls and drainage design,

• and inconsistent detailing between consultants.

Poor waterproofing documentation can lead to both compliance issues and long-term building defects.

3. Poor Consultant Coordination

Large Class 2 projects often involve:

• architects,

• structural engineers,

• fire engineers,

• facade consultants,

• waterproofing consultants,

• and specialist subcontractors.

Where consultant documentation is not properly coordinated, inconsistencies frequently occur between regulated designs.

4. Failure to Manage Design Variations

Construction-stage changes are extremely common.

However, many project teams fail to properly manage:

• revised regulated designs,

• updated declarations,

• and Planning Portal variation submissions.

Undocumented changes can create substantial compliance exposure.

5. Incorrect Assumptions About Remedial Works

Many project teams incorrectly assume remedial works are exempt from DBP obligations.

However, projects involving:

• facade remediation,

• waterproofing replacement,

• cladding upgrades,

• and structural repairs

may still trigger regulated design requirements.

6. Inadequate Documentation Control

DBP compliance relies heavily on documentation management.

Common issues include:

• outdated drawings,

• inconsistent revision tracking,

• incomplete consultant coordination,

• and unclear construction-issued documentation.

Proper document management is essential throughout construction.

7. Leaving Compliance Coordination Too Late

Many compliance issues arise because DBP coordination only begins after construction documentation is substantially complete.

Early coordination between consultants, builders and Design Practitioners helps reduce:

• redesign,

• construction delays,

• and compliance risks.

How to Reduce DBP Compliance Risk

Project teams can reduce compliance risks by:

• engaging Design Practitioners early,

• coordinating consultant documentation,

• managing variations properly,

• and maintaining clear documentation control throughout the project lifecycle.

On larger projects, appointing a Principal Design Practitioner can significantly assist with coordination and compliance management.

How DBP Compliance Can Assist

DBP Compliance provides:

• Design Practitioner services,

• Principal Design Practitioner services,

• regulated design coordination,

• NSW Planning Portal assistance,

• and DBP compliance consultancy throughout NSW.

We assist builders, developers, architects and remedial consultants in navigating the practical compliance obligations associated with Class 2 buildings.