Key elements of the Design Building Practitioners Act explained

The Design Building Practitioners Act 2020 (DBP Act), alongside the accompanying Regulation 2021, has reshaped the landscape for building and construction in New South Wales. Effective from July 1, 2021, this legislative framework was introduced to restore confidence in the construction industry and ensure higher standards of compliance and accountability, particularly for Class 2 buildings, which are typically residential apartment buildings.

At All Suburbs Strata Management, our team has over 35 years of experience in residential strata management in Greater Sydney, Nepean and the Central Coast. We understand the intricacies and importance of this Act, recognising its direct impact on construction quality and overall strata property management. Here’s what you need to know.

The Design and Building Practitioners Act 2020 (DBP Act) requires that all design and building practitioners working on Class 2 buildings be registered and adhere to strict compliance measures. This is further detailed in the Design and Building Practitioners Regulation 2021, which outlines specific requirements for the registration of practitioners, the documentation of regulated designs, and the provision of compliance declarations. This means that all builders, designers and engineers must be registered and meet specific qualifications to work on projects within strata schemes.

These laws are designed to protect strata schemes by ensuring that all building work is carried out by qualified professionals who are accountable for their work. Strata managers need to be aware of these changes to ensure that any building or renovation work on their properties complies with the new legal standards.

This is a significant step forward for residents and owners. It ensures that all building work, whether it’s a new development or major repairs like waterproofing or structural renovations, is done by qualified professionals who are liable for their work. This reduces the risk of poor-quality construction and helps prevent issues like water leaks or structural defects, which can be costly and disruptive.

One of the DBP Act’s most critical aspects is its emphasis on waterproofing and structural integrity. Historically, these faults have caused significant issues in strata schemes, leading to expensive repairs and disputes among owners. This legislation mitigates such occurrences by ensuring that only authorised practitioners can design and carry out waterproofing and structural works.

For residents and owners, this means greater confidence in the durability and quality of their property. It also provides a clearer path to accountability if problems arise, as only accredited professionals who have lodged the required compliance declarations will be involved in such critical work.

Any planned renovations or developments within a strata scheme, such as adding new facilities, updating common areas or significant refurbishments, must comply with the DBP Act. This includes ensuring all designs are prepared by registered practitioners and that compliance declarations are submitted before work begins.

For owners corporations considering future projects, this requires careful planning and coordination. Engaging professionals who are experienced and fully compliant with the registration requirements is essential. Failure to do so could result in delays, penalties and potential legal disputes, as non-compliant work may be deemed invalid or unsafe.

The ultimate goal of the DBP Act is to protect property owners and residents by maintaining the highest standards for all building work. For strata schemes, this means that every aspect of your building, from its foundational structure to the finishing details, is subject to rigorous scrutiny and must comply with strict guidelines.

This level of oversight is particularly beneficial in strata environments, where the complexity of shared ownership and common property can make it challenging to address defects and hold parties responsible. The legislative framework provides a clear pathway for resolving issues and ensures that all building work contributes to a safe, secure and well-maintained living environment.

The Regulation emphasises strict record-keeping for all practitioners. Design practitioners must retain copies of all regulated designs and compliance declarations for a minimum of 10 years. This aligns with the record-keeping requirements for strata schemes, ensuring that all documentation related to building works is accessible for future reference.

For strata managers, this improves traceability and accountability for all building activities, facilitating better oversight and timely responses to any issues that may arise.

The Design Building Practitioners Act 2020 introduces a new era of accountability and transparency in the NSW building industry. If you’re looking to enhance your property or ensure it complies with all regulations, understanding these requirements is essential for a smooth and successful process.

At ASSM, we have over 35 years of experience in strata management for residential, community, commercial, and industrial properties, and we can help you navigate legislation impacting strata living, including this one.

Additionally, we offer developer assistance for registration preparation, along with comprehensive strata reports and inspections.

Our team can ensure your strata scheme runs as smoothly as possible. When considering buying into a strata scheme or wanting to secure a professional and qualified team, contact ASSM today.