NSW Design and Building Practitioners Act · Class 2, 3 and 9c

Registered design practitioners for Class 2, 3 and 9c buildings

Apartments, boarding houses, Class 3 SDA and aged care buildings in NSW must be designed, declared and lodged under the Design and Building Practitioners Act. We prepare regulated designs, make design compliance declarations and coordinate the consultant team so your certificate is not held up.

Registered Design Practitioner (Architectural), No. DEP0003177
Registered Architect, NSW No. 11683
Design compliance declarations on our Class 2 and Class 3 SDA projects
One coordinated team for regulated designs

Discuss your project Call 0434 883 128

Every project is quoted to its scope. Tell us about the building and we will come back with a clear fee proposal.

What the DBP Act covers

Which buildings are regulated

The DBP Act's design and building obligations apply to "regulated buildings": Class 2, 3 and 9c buildings, including mixed-use buildings that contain them.

Building class	Typical examples	When the obligations apply
Class 2	Apartment buildings	New building work and work on existing buildings
Class 3	Boarding houses, Class 3 SDA, some student and worker accommodation	New building work from 3 July 2023. Alterations to existing buildings from 1 July 2028
Class 9c	Residential aged care buildings	New building work from 3 July 2023. Alterations to existing buildings from 1 July 2028

Transitional arrangements depend on when the construction or complying development certificate was issued and when work started. We confirm how the Act applies to your project at the start.

What it means for your project

No declared designs, no certificate

Regulated designs are prepared. Designs for building elements and performance solutions must comply with the Building Code of Australia and integrate with each other.
Registered design practitioners declare them. A design compliance declaration is made when a design is ready for construction. Drafts and shop drawings do not qualify.
The certifier checks them. A construction certificate or complying development certificate cannot be issued for regulated work without the required declared designs.
The designs are lodged. The building practitioner lodges the declared designs on the NSW Planning Portal before the relevant work starts.
Variations are controlled. If a change affects a building element or performance solution, a new declared design is needed before the varied work continues, and it must be lodged within one day.
Records are kept. Design practitioners keep regulated designs and declarations for at least 10 years after the work is completed.

Building Commission NSW reviews designs lodged on the Planning Portal and audits building work.

Statutory duty of care

A duty that reaches further than Class 2

Part 4 of the DBP Act creates a statutory duty to exercise reasonable care to avoid economic loss caused by defects. It is owed to owners and later owners, and it applies to people who carry out construction work, including builders, developers and designers.

The NSW Court of Appeal has confirmed that this duty is not limited to Class 2 buildings. It can apply to construction work on any building, and to past work where the loss became apparent within the 10 years before Part 4 commenced.

For owners, that means stronger rights. For everyone involved in design and construction, it means careful, well-documented design matters on every project.

This is general information, not legal advice. For advice on a specific matter, speak with a construction lawyer.

How LVA helps

Regulated designs that are ready when the certifier needs them

LVA leads the architectural design and coordinates a trusted network of consultants, so every regulated design fits together.

Service	What it covers
Architectural regulated designs	Architectural designs prepared to the BCA and ready for construction
Design compliance declarations	Declarations by our registered design practitioner (Architectural) when designs are construction-ready
Consultant coordination	Structure, fire, façade, waterproofing and services designs coordinated so they integrate with the architecture
Performance solutions	Early coordination with the fire engineer and certifier, so performance solutions are resolved before CC
Variation control	New declared designs prepared promptly when a change affects a building element or performance solution
Records	Regulated designs and declarations kept for the required period

Every project is different. Contact us to discuss scope and a quotation.

Common pitfalls

Where regulated projects lose time

Declaring too early. Draft or incomplete designs cannot be declared, so CC issue slips.
Designs that don't integrate. Architecture, structure, fire and services prepared in isolation, then clashing at certification.
Late performance solutions. Fire and access performance solutions left until the end, forcing redesign.
Unlodged variations. Site changes made without new declared designs, creating compliance risk at completion.
Unclear responsibilities. No one owning the coordination between practitioners.

Projects

Class 2 and Class 3 projects where we are the design practitioner

Class 3 · DA approved

Class 3 SDA Housing, Botany

Class 3 SDA, Bayside Council

View project → Class 3 · DA approved

Class 3 SDA Housing, Rosebery

Class 3 SDA close to the Sydney CBD

View project → Class 3 · DA approved

Class 3 SDA Housing, Bankstown

Class 3 Specialist Disability Accommodation

View project → Class 3

NDIS Housing, Kingswood

Class 3 accommodation for High Physical Support

View project → Class 3

NDIS Housing, Armidale

Class 3 accommodation for High Physical Support

View project → Class 2

NDIS Apartments, Wollongong

Converting standard units into NDIS-compliant Class 2 apartments

View project → Class 2 · Completed

Apartment development, Woollahra

Apartment building blending modern and traditional façade elements

View project →

FAQs

Common questions about the DBP Act

Does the DBP Act apply to my house?

The regulated design and declaration obligations apply to Class 2, 3 and 9c buildings, not houses. The Act's statutory duty of care is broader and can apply to construction work on other buildings.

Who lodges the regulated designs?

The building practitioner lodges the declared designs on the NSW Planning Portal before the relevant building work starts. Design practitioners prepare and declare them.

When can a design be declared?

Only when it is ready for use in construction. Drafts and shop drawings cannot be declared.

Can the design change during construction?

Yes, but if a change affects a building element or performance solution, a new declared design is needed before the varied work continues, and it must be lodged within one day.

What happens if designs are not declared?

A certifier cannot issue a construction certificate or complying development certificate for regulated work without the required declared designs, so the project cannot proceed.

How much does this cost?

Every project is quoted to its scope. Contact us with your project details and we will prepare a fee proposal.

Planning a Class 2, 3 or 9c project?

Tell us about the building, the stage you are at and your timeline. Kevin will come back to you within two business days with initial thoughts and a fee proposal.