Update To The NSW Design and Building Practitioners Act 2020

The NSW Parliament passed the Design and Building Practitioners Act 2020 (NSW) in June 2020 after severe building defect issues with Mascot Towers and Opal Towers came into the limelight. The much-anticipated act originated from the NSW Government discussion paper entitled ‘Building Stronger Foundations,’ which focused on progressing reforms to the building and construction sector.

The Design and Building Practitioners Act 2020, commenced on 11 June 2020, has several notable implications for the NSW building and construction industry stakeholders. The intention behind introducing the act was to promote transparency and accountability among those working in the building and construction industry. The Design and Building Practitioners Act 2020 has many fundamental changes that may affect those involved in the building and construction sector in NSW.

Today, we will focus on the second key feature of the Design and Building Practitioners Act 2020, i.e. A register of construction professionals – that came into effect on 1 July 2021.

What Is the Second Key Feature of the Design and Building Practitioners Act 2020?

The second key feature of the Design and Building Practitioners Act 2020 imposes a comprehensive registration regime to those working on building and constructing structures in NSW. From designers to engineers, any person dealing with construction or who has a contract to do building work will have to register their name on a publicly available register of registered practitioners.

According to the act, anyone working in the building and construction industry (Class 2 buildings or mixed-use buildings with a Class 2 part) will have to ensure legislation.

For Designers, Builders, and Engineers

• Registering under the register of registered practitioners is compulsory.
• Have to be insured according to the regulations.
• Have to lodge declarations and designs on the NSW Planning Portal.
• Have to ensure that all building designs are integrated with other designs.
• Have to ensure the completion of all building designs to issue a construction certificate or a complying development certificate.
• Have to ensure that building designs are lodged before starting the construction work on site.
• Have to modify procurement and contract administration to consider the new regime.
• Have to review necessary contracts related to building and construction for consistency with the new regime.

For Developers

• Have to ensure that all construction projects comply with the new regime to obtain an occupation certificate.
• Have to ensure the completion of all building designs to issue a construction certificate or a complying development certificate.
• Have to ensure that building designs are lodged before starting the construction work on site.
• Have to ensure any variation in the project is declared and lodged within one day after commencing work on the changes to the building work.
• Have to modify project feasibility for the new regime.
• Have to ensure the Superintendent understands how to administer variations. In addition, the notices should be provided to them before applying for an occupation certificate.
• Have to modify procurement and contract administration to consider the new regime.
• Have to review necessary contracts related to building and construction for consistency with the new regime.

For Financiers

• Have to comply with the new regime to ensure that an occupation certificate is obtained.
• Have to implement necessary processes such as ensuring designers and builders are registered and insured, the building designs are complete before applying for a construction certificate or a complying development certificate, and required notices are given.
• Ensure all the financial documents contemplate the new regime.
• Examine the procurement model to ensure it is suitable for the project.

Our lawyers are highly experienced and well-versed in building and construction law and strata bylaws in Sydney. If you have any questions about the recent update on the Design and Building Practitioners Act 2020, call our experienced building and strata dispute lawyers today.

Disclaimer: This is commentary published by Pobi Lawyers for general information purposes only and should not be relied upon as specific legal advice. You should obtain your own legal advice specific to your circumstances before you take any action or otherwise rely upon the contents of this article. The content of this article is subject to change.