The NSW Design and Building Practitioners (DBP) scheme sets out who must be registered when preparing designs for certain types of buildings and what responsibilities come with that registration. Only the person who signs off and declares that a design meets legal requirements must be registered. While a team may contribute to preparing drawings or documents, the supervising designer (the person lodging the formal declaration) is the one who must hold registration, ensuring a clear line of accountability.

Registration is required when working on certain “regulated buildings,” including class 2 apartment buildings, class 3 hotels and boarding houses, and class 9c aged care buildings. This includes mixed-use buildings that contain any of these classes. You must register if you prepare regulated designs and sign the design compliance declaration, if you coordinate designs as a principal design practitioner, or if you are an architect or engineer from interstate working under mutual recognition.

Regulated designs relate to key building elements such as structure, waterproofing, fire safety, or drainage, or any design that relies on a performance solution. The registered design practitioner must ensure their design complies with the Building Code of Australia and integrates with the other designs on the project. The practitioner must only work within the limits of their registration class.

Before Construction Begins

Before building work can start, a registered design practitioner must prepare the construction-issued regulated designs for any part of the work involving a building element or performance solution. Once the design is ready for use on site, they must complete a design compliance declaration confirming the design complies with the BCA and fits properly with other relevant designs. A certifier cannot issue a construction certificate or complying development certificate without these documents.

These designs and declarations must be lodged on the NSW Planning Portal by the building practitioner or an “appropriate practitioner,” such as a registered design practitioner or principal design practitioner. Lodgement must occur before construction begins. On larger or more complex projects, a principal design practitioner may be appointed to coordinate all designs and declarations. After everything is lodged, the building work may start. The Building Commission NSW may inspect the site or review the lodged designs, and any issues must be rectified before work can proceed.

During Construction

If the building practitioner makes a change that affects a building element or a performance solution after construction has started, a registered design practitioner must prepare a new regulated design and complete a new compliance declaration. These must be lodged within one day. Work may need to pause while updated documents are prepared. Variations that do not affect a building element or performance solution do not require a design declaration but must be recorded by the building practitioner.

Before completion

As the project nears completion, and before an occupation certificate can be applied for, the applicant must give the building practitioner at least 14 days’ notice. If a principal design practitioner is involved, they must also receive 14 days’ notice to complete their principal compliance declaration. The building practitioner must then lodge a building compliance declaration confirming the work has been carried out according to the lodged designs. Only a registered building practitioner can make this final declaration.

This scheme helps ensure that building work is carried out safely and in line with properly checked, compliant designs. Knowing who must be registered, when declarations are required, and how documents must be lodged helps prevent delays and protects the integrity of the construction process. If there is any uncertainty about whether your role falls under the scheme, it is advisable to seek guidance early to avoid issues later in the project.

Papallo Kouchoo Lawyers are here to assist you and guide you through your construction project.

Reach out to us for a free professional consultation.