Remedial Building Work in NSW: What Owners, Builders and Design Practitioners Need to Know in 2026
Remedial building work on existing apartment buildings has become one of the most significant areas of regulation under the Design and Building Practitioners Act 2020 (NSW).
Whether you're repairing leaking balconies, replacing waterproofing, upgrading façades, rectifying structural defects or undertaking fire safety upgrades, understanding when the Design and Building Practitioners (DBP) legislation applies is essential.
The NSW Government recently updated its guidance on remedial building work, providing greater clarity for owners corporations, builders and registered design practitioners.
What is remedial building work?
Remedial building work generally refers to work carried out on an existing building to:
repair deteriorated building elements
rectify construction defects
upgrade building components
undertake corrective works following investigations or inspections.
Typical examples include:
Balcony waterproofing replacement
Façade remediation
Structural strengthening
Roof waterproofing
Concrete repairs
Fire safety upgrades
Window replacement
Building enclosure repairs
For Class 2 apartment buildings (and mixed-use buildings containing a Class 2 component), much of this work is regulated under the DBP legislation.
Which buildings are affected?
The current requirements apply primarily to:
Class 2 residential apartment buildings
Mixed-use buildings containing a Class 2 component
The NSW Government has confirmed that remedial work to existing Class 3 and Class 9c buildings will not become regulated until 1 July 2028, giving industry additional time to prepare.
Construction Issued Regulated Designs (CIRDs)
One of the most important requirements is the preparation of a Construction Issued Regulated Design (CIRD).
Unlike concept drawings or tender documentation, a CIRD must contain sufficient detail for the builder to carry out compliant construction.
According to the NSW Government, a CIRD should typically include:
plans identifying the exact location of remedial work
construction details and sections
specifications
schedules of materials and products
performance requirements
clear identification of the boundary between the existing building and the proposed remedial works.
For many remedial projects, additional general elevations, marked-up photographs or diagrams are recommended to clearly identify which parts of the existing building are being repaired.
The importance of clearly defining the scope
One of the most practical updates in the NSW guidance is the emphasis on demarcation.
The regulated design should clearly distinguish:
existing building elements to remain
building elements being demolished
areas being repaired
new work being constructed.
This helps minimise confusion during construction and reduces the likelihood of variations, disputes and compliance issues.
Which Design Practitioner is required?
The required Design Practitioner registration depends entirely on the scope of work.
Examples may include:
Architectural Design Practitioner
Structural Design Practitioner
Fire Safety Design Practitioner
Mechanical Design Practitioner
Hydraulic Design Practitioner
Many remedial projects require multiple registered practitioners working together to produce coordinated regulated designs.
Each practitioner is responsible only for the work within their authorised registration category.
Lodgement through the NSW Planning Portal
For regulated remedial work, the Building Practitioner is responsible for lodging documentation on the NSW Planning Portal before construction proceeds.
This generally includes:
Construction Issued Regulated Designs (CIRDs)
Design Compliance Declarations
Building Compliance Declaration
Contractor documents
Other required compliance documentation before Occupation Certificate (where applicable).
Are all remedial works regulated?
No.
Some remedial works are excluded from the DBP legislation.
For example, certain exempt development may fall outside the legislation.
However, waterproofing is not automatically excluded simply because it is exempt development.
Whether waterproofing work requires regulated designs depends on the criteria set out in the Design and Building Practitioners Regulation, meaning each project should be assessed individually.
Emergency remedial work
Emergency remedial work is treated differently.
Where work is genuinely required to immediately address serious safety risks or prevent significant damage, regulated designs may not be required before work commences.
However, strict criteria apply, and Building Commission NSW has indicated it will audit projects claiming the emergency exemption.
Only work that satisfies the legislative definition qualifies as emergency remedial building work.
Building Commission NSW audits
Building Commission NSW continues to actively audit remedial building work.
Audits typically focus on:
practitioner registration
adequacy of regulated designs
Building Code compliance
compliance with Australian Standards
quality of construction.
Where non-compliance is identified, enforcement action may include:
education and guidance
formal warnings
Stop Work Orders
Building Work Rectification Orders
Prohibition Orders
financial penalties.
Why early involvement of a Design Practitioner matters
Many remedial projects become more expensive than expected because compliance requirements are considered too late.
Engaging a registered Design Practitioner early can assist with:
determining whether the DBP legislation applies
identifying the required practitioner categories
preparing compliant regulated designs
coordinating consultants
reducing construction variations
facilitating NSW Planning Portal compliance.
Early planning can significantly reduce delays during construction and minimise regulatory risks.
How DBP Compliance Can Help
At DBP Compliance, we specialise in preparing Declared Designs and Construction Issued Regulated Designs for remedial building work throughout NSW.
Our services include:
Balcony waterproofing
Roof waterproofing
Façade remediation
Structural remediation coordination
Building enclosure repairs
Architectural regulated designs
Design Compliance Declarations
Principal Design Practitioner services
NSW Planning Portal support
Whether you're an Owners Corporation, strata manager, builder or consultant, we can help ensure your remedial project complies with the Design and Building Practitioners legislation from concept through to completion.
Need assistance with a remedial building project?
Contact DBP Compliance to discuss your project and determine whether regulated designs are required. Our experienced registered Design Practitioners provide compliant architectural declared designs, consultant coordination and Planning Portal support for Class 2 remedial building projects across New South Wales.