Compliance · DBP Act

Is it regulated? Find out before you sign.

What the NSW Design & Building Practitioners Act actually means for your building's remedial works — from a Class 2 DBP registered builder who lodges these declarations every week.

Class 2 DBP Registered · Licence 360636C · Lodged on the Planning Portal

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Key takeaways
1

If your building is Class 2 and the work is structural, waterproofing, fire or envelope — the DBP Act applies, and has since 1 July 2021.

2

From 1 July 2026 the same rules extend to remedial work on Class 3 and 9c, plus mandatory PI insurance for practitioners.

3

Use an unregistered contractor and the work can't be lodged or certified — the owners corporation carries the risk.

Why it matters now

Get it wrong. Pay twice.

The DBP Act isn't paperwork for its own sake. Use an unregistered contractor and the work can't be lodged or certified — leaving the owners corporation exposed if a defect emerges. Registered, PI-insured practitioners are fewer, so lead times are longer. And from 1 July 2026 the Act covers Class 3 & 9c — works scoped now but starting after must already comply.

01

The OC carries the risk

Use an unregistered contractor and the work can't be lodged or certified — leaving the owners corporation exposed if a defect emerges years later, with weaker legal recourse.

02

The contractor pool shrinks

Registered, PI-insured practitioners are fewer. Qualified contractors mean longer lead times — so procurement needs to start earlier, not later.

03

The deadline is real

From 1 July 2026 the Act covers Class 3 & 9c. Works scoped now but starting after that date must already comply from day one.

What this is

Does the DBP Act apply to your works?

If your building is Class 2 (residential apartments, 3+ storeys) and the work is structural, waterproofing, fire-safety or building-envelope, the DBP Act applies. The work must be done by a registered building practitioner, regulated designs lodged on the NSW Planning Portal, and a compliance declaration provided on completion. From 1 July 2026 the same rules extend to remedial work on Class 3 (boarding houses, student accommodation, hotels) and Class 9c (aged care).

"We lodge these declarations on the NSW Planning Portal every week."

— CLASS 2 DBP REGISTERED · LICENCE 360636C

Class 2DBP registered
360636CBuilder licence
PortalLodged & declared

What counts as regulated work?

The Act defines building work broadly. For remedial projects, the regulated work typically includes:

• Structural concrete repairs — spalling, cracking, concrete cancer

• Waterproofing systems — balconies, podiums, basements, wet areas

• Facade remediation and cladding replacement

• Fire-safety upgrades — passive fire, compartmentation, penetration sealing

• Anything affecting the structural integrity or weatherproofing of the building envelope

The line that catches committees: minor cosmetic maintenance (painting, fixture replacement) is generally exempt — but if the work is structural, waterproofing, or fire-related, assume it's regulated until a registered practitioner confirms otherwise.

Why it changes how you procure

Before the DBP Act, an owners corporation could simply take the cheapest quote. Now the builder must be registered, the designer must be registered, and regulated designs must be lodged on the NSW Planning Portal before the relevant work starts — creating a permanent, auditable record that protects the OC if a defect emerges years later. Separately, NSW strata rules require at least two independent quotes for any spend over $30,000 — so compliant procurement and competitive quoting now go hand in hand.

How Atomic Projects handles it

We're a Class 2 DBP registered remedial building contractor (Licence 360636C) carrying current PI insurance. Regulated designs and compliance declarations are lodged through the NSW Planning Portal — so your committee gets the full paper trail for its records and any future claim.

We'd rather you verify us than take our word for it. Our licence is on the NSW Fair Trading register — check it before you call.

Risk reversal

Registered, insured, lodged — on every job.

We're a Class 2 DBP registered remedial building contractor (Licence 360636C) carrying current PI insurance. Regulated designs and compliance declarations are lodged through the NSW Planning Portal — so your committee gets the full paper trail.

Registered designs lodged on the PortalRegulated designs are lodged on the NSW Planning Portal before the relevant work starts — a permanent, auditable record.
Class 2 DBP — Licence 360636CVerify us on the NSW Fair Trading register before you call. We'd rather you check.
Compliance declarations on completionA building compliance declaration filed on completion — the document your committee keeps for its records and any future claim.
Current PI insuranceMandatory for registered practitioners from 1 July 2026 — we already carry it.

We'd rather you check than take our word for it.

The timeline

What changed. And when.

1
Since 1 Jul 2021Class 2 buildings regulatedResidential apartment blocks of 3+ storeys. Registered practitioners only, regulated designs lodged on the Planning Portal, compliance declaration on completion.
2
1 July 2026Class 3 & 9c addedRemedial work on existing Class 3 (boarding, student, hotels) and 9c (aged care) comes under the Act — plus mandatory PI insurance for practitioners.
3
OngoingThe duty to maintainUnder the Strata Schemes Management Act, owners corporations must keep common property in good repair — independent of any builder defect claim.
4
Any timeCheck the registerThe NSW Fair Trading register of practitioners is online. Ask any quoting contractor for their number — ours is 360636C.
Quick reference

Which class are you?

1
Class 2 — apartments, 3+ storeysResidential apartment buildings of three storeys or more. Regulated under the DBP Act since 1 July 2021.
2
Class 3 — boarding, student, hotelsBoarding houses, student accommodation and hotels. Remedial work comes under the Act from 1 July 2026.
3
Class 9c — aged careResidential aged-care buildings. Remedial work comes under the Act from 1 July 2026.
4
Other classesHouses, commercial and industrial buildings. The DBP regime may not apply, but the duty to maintain common property still does.
They told us straight which of our works were regulated, lodged everything on the Portal, and handed us a compliance declaration the committee could file. No guesswork.
DP
Strata Committee Chair
High-rise building, Darling Point

Related compliance guides.

Plain-English guides on the DBP changes and what they mean for your building — written for committees and managers, not lawyers.

Common questions

What your committee will want to know.

Does the DBP Act apply to all remedial work on Class 3 & 9c buildings?+
It applies to regulated building work — structural, waterproofing, fire-safety and envelope work. Minor cosmetic maintenance is generally exempt, but the boundary is narrow. If in doubt, treat it as regulated and confirm with a registered practitioner.
What happens if we use an unregistered contractor after July 2026?+
The owners corporation bears the risk. Unregistered work can't have regulated designs lodged on the Planning Portal — no compliance declaration, no design record, and weaker legal recourse if defects emerge. The contractor may also face enforcement from NSW Fair Trading.
Do existing contracts need to be renegotiated?+
If a contract was signed before 1 July 2026 but the work starts after, the practitioner needs to meet DBP requirements from the commencement date. Review pending contracts with your strata lawyer.
Where can I check if a builder is registered?+
The NSW Fair Trading register of practitioners is online. Ask any quoting contractor for their registration number and verify it directly — ours is Licence 360636C.
Is decennial liability insurance (DLI) mandatory yet?+
Not yet. Ten-year decennial liability insurance is currently voluntary in NSW; the government's stated intention is to make it mandatory for Class 2 apartment buildings by 2028. For now, the enforceable requirements are practitioner registration, lodged regulated designs, compliance declarations, and — from 1 July 2026 — practitioner PI insurance.
Talk to a registered builder

Not sure if your works are regulated?

Send photos, the engineer's report, or just describe what's planned. A Class 2 DBP registered builder tells you straight whether the DBP Act applies — no quote required, no obligation. We respond within 1 business day.

Ask a compliance question
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