Summary of The Design and Building Practitioners Act (DBP Act)

As the building and construction industry continues to evolve, the "Design and Building Practitioners Act 2020" serves as a guide for professionals navigating the complexities of regulatory compliance and ethical responsibility. The document outlines the essential practices, legal obligations, and professional duties that define the role of all stakeholders under the Design and Building Practitioners (DBP) Act. The standard not only emphasises the technical requirements but also reinforces the ethical and legal frameworks that ensure safety, integrity, and excellence in engineering practices across NSW.?

Below we highlight all key stakeholders' mandatory calls to action as we bring industry awareness of the new reforms that impact the following class-type buildings:

• Class 2
• Class 3?
• Class 9c

The "Design and Building Practitioners Act 2020 No 7 [NSW]" outlines regulations and requirements for design and building practitioners in New South Wales. The Act commences with preliminary details including the name of the Act, definitions of building work, regulated designs, and building practitioners.?

Key Building Elements in Common Property will cover under the DBPA for Class 2, Class 3 & Class 9c:

1. Waterproofing

2. Structure

3. Fire Safety Systems

4. Performances Services

5. Building Enclosure

Regulated designs are to be lodged under the following stages for Class 2, Class 3 & Class 9c:

• Before building work commences
• After building work commences (Variations)
• Prior to applying for OC
• After applying for OC if there have been any variations

Design Declaration Compliance Scheme Key points:

• Design Practioner sign-off is non-negotiable and required
• Comply with the Building Code of Australia and current Australian Standards
• Lodgement of declared designs on the NSW Planning Portal before construction commences
• Build in accordance with the declared designs lodged on the portal
• Variations to the design during construction needs to be declared prior to commencing works on site

The Act focuses on the following key parts:

• Regulated designs and building work, detailing obligations of design practitioners, principal design practitioners, and building practitioners. It also addresses compliance declarations, indemnification of practitioners, and requirements for variations after building work commences.?
• Engineering work and specialist work, defining professional engineering work and specialist work, and outlining the requirements for carrying out such work by registered professionals.?
• The duty of care, including the extension of duty to avoid economic loss caused by defects in or related to a building. It also covers economic loss suffered by owners corporations and associations, duty delegation, and the prohibition of contracting out. Additionally, it clarifies the relationship with other duties of care and laws.?
• The registration of practitioners, including classes of registration, application processes, determination of applications, and the Secretary's authority to obtain information from third parties.

The Act defines terms such as building work, regulated designs, and building practitioners. It then delves into the obligations of design practitioners, principal design practitioners, and building practitioners, touching upon compliance declarations, indemnification, and obligations for variations after building work commences.?

The Act ensures comprehensive regulations and requirements for design and building practitioners in New South Wales, aiming to uphold standards and ensure accountability within the industry.

Who is a design Practitioner?

• Architects
• Structural Engineers
• Civil Engineers
• Fire Safety Engineers
• Fire Systems Engineers
• Electrical Engineers
• Hydraulic Engineers
• Geotechnical Engineers
• Fa?ade Engineers
• Vertical Transport

Below, we provide a comprehensive summary that details the roles and responsibilities covering the "Design and Building Practitioners Act 2020" across the various stakeholders involved in the delivery of building and construction projects such as:?

• Consultants
• Builders
• Certifiers
• Developers
• Landowners

Consultants:

The Design and Building Practitioners Act 2020 outlines several obligations for consultants, particularly design practitioners and principal design practitioners.

These obligations include:

• Providing design compliance declarations for regulated designs prepared for building work,?
• Ensuring that building work is carried out in accordance with the design compliance declarations obtained from registered design practitioners,?
• Complying with the requirements of the Building Code of Australia applicable to the work.?
• Additionally, principal design practitioners are required to provide principal compliance declarations as prescribed by the regulations.?
• Under the Act, consultants such as registered design practitioners, registered principal design practitioners, and registered specialist practitioners are considered design practitioners and are subject to the corresponding obligations and responsibilities outlined in the legislation.

It is important to note that failure to comply with these obligations may result in significant penalties, including penalty units and potential imprisonment. These obligations aim to ensure that consultants uphold high standards of design and construction in accordance with the Act.

Builders:

The Design and Building Practitioners Act 2020 outlines several obligations for builders.?These obligations include:

• Ensuring compliance with declaration obligations, obtaining designs and design compliance declarations from registered design practitioners, and adhering to the requirements for building elements and performance solutions.?
• Builders are also required to comply with the Building Code of Australia and provide compliance declarations.?
• Additionally, they must ensure that variations after building work commences are recorded and, if necessary, obtain design compliance declarations for the varied design.?
• Furthermore, the Act specifies insurance requirements for builders and imposes penalties for non-compliance with these obligations.?

Overall, the Act aims to ensure that builders uphold high standards of construction and design in accordance with the legislation.

Certifiers:

The Design and Building Practitioners Act 2020 outlines several obligations for certifiers.?These obligations include:

• Considering compliance declarations before issuing building certificates, ensuring that compliance declarations are provided before or when the application for an occupation certificate is made
• Accepting written undertakings from registered practitioners regarding the manner in which they will prepare regulated designs, carry out building work, provide compliance declarations, or conduct their business.?
• Additionally, certifiers are responsible for issuing stop work orders to ensure that building work, professional engineering work, or specialist work stops if necessary.?
• Furthermore, the Act prohibits improper influence with respect to the provision of compliance declarations, imposing penalties for seeking or accepting benefits in exchange for acting impartially in the provision of compliance declarations.?

These obligations aim to ensure that certifiers uphold high standards of compliance and impartiality in their roles within the building and construction industry.

Developers:

The Design and Building Practitioners Act 2020 outlines obligations for developers, particularly in relation to building work and compliance with regulated designs.?Developers are required to ensure:

• Building work is carried out in accordance with the design compliance declarations obtained from registered design practitioners.?
• Compliance with the requirements for building elements and performance solutions, as well as the Building Code of Australia.?

Additionally, developers are responsible for obtaining designs and design compliance declarations from registered practitioners and ensuring that variations after building work commences are recorded and, if necessary, obtaining design compliance declarations for the varied design.?

These obligations aim to ensure that developers uphold high standards of construction and design in accordance with the legislation.

Landowners:

The Design and Building Practitioners Act 2020 outlines obligations for landowners in relation to construction work and the duty of care. Landowners are defined within the Act and are subject to specific obligations.?They are required to:

• exercise reasonable care to avoid economic loss caused by defects in or related to a building for which construction work is carried out.?
• This duty of care extends to each owner of the land and subsequent owners, entitling them to damages for breaches of this duty.?
• Additionally, the Act specifies that landowners may be excluded from certain obligations under the Act through regulations.?

These obligations aim to ensure that landowners uphold a duty of care and take responsibility for economic loss caused by defects related to construction work on their land.