The heavily awaited Design and Building Practitioners Regulation 2021 (Regulation) has been released and will take effect from 1 July 2021.
The objective of the Regulation is to provide guidance around the new obligations imposed on builders, designers, and engineers of NCC Class 2 (residential apartment) buildings under the Design and Building Practitioners Act 2020 (NSW) (DBP Act) which commenced last June.
For a reminder of the key reforms prescribed by the DBP Act, take a look at our Briefing Note here.
Working in conjunction with the DBP Act is the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) on which you can find out about the key reforms here.
Below we set out some of the key takeaways from the Regulation which is available in full on the NSW Legislation website.
The Act introduced a new registration regime for design and principal design practitioners, building practitioners, and professional engineers that intend to declare regulated designs or building work performed on Class 2 buildings.
The Regulation supplies further details of how the registration process will operate including prescribed classes of registration and the requisite qualifications, experience, and skills required for each class.
Practitioners can apply for registration via the NSW Planning Portal from 1 July 2021, and applications lodged between 1 July to 31 December 2021 will receive ‘deemed’ approval in most cases.
The Regulation stipulates the form and content of certain regulated designs and compliance declarations.
Including specific requirements for regulated designs involving performance solutions, fire-resistant building elements and the integration of vertical transportation products.
Compliance Declarations should be made in the form specified on the NSW Planning Portal and may only be lodged by registered practitioners.
Variations to regulated designs (meaning most on-site project variations) must be re-declared and lodged no later than 1 day after the builder commences building work in relation to the variation.
To facilitate what could potentially be one of the most stringent reforms under the Act, the Regulation provides a substantial deferral of the date for when the insurance provisions will apply until 1 July 2023.
Eventually, all registered practitioners will require ‘adequate’ cover that extends to all liability since becoming a registered practitioner, however, the Regulation clarifies that it does not require a practitioner to hold insurance in relation to any work which predates the practitioner’s registration.
The Regulation will be of particular interest to professional engineers, with specific provisions relating to the cross-over between registration under the Act and the recognition of certain professional engineering bodies.
The Act and the Regulation will apply to all aspects of professional engineering work on mixed-use buildings containing a Class 2 element. This includes components that, in isolation, would typically fall under another NCC building classification.
Notably, the Regulation prevents a body corporate from registering as a registered professional engineer under the new regime.
In addition to the above, the Regulation refers to codes of practice for prescribed practitioners; new record-keeping obligations; ongoing continuing professional development; and penalty notice offences under the Act.
Note that this is a very brief rundown of the Regulations.
We’ll be providing a more comprehensive breakdown of the Regulations shortly.
To make sure you don’t miss it – join our mailing list here.
Or, for more specific advice about your obligations under the Act, click here to reach out to our team.
Morrissey Law + Advisory communications are only intended to provide commentary and general information as at the date of publication. They are for reference purposes only, do not constitute legal advice and should not be relied upon as such. Formal legal advice should always be obtained about particular transactions, contracts or matters of interest before taking any action based on this communication. Authors and contributors may not be admitted in all State and Territories.