Implications of the Design and Building Practitioners Act on low rise development

The Design and Building Practioners Act (DBPA) was introduced in 2020 to regain confidence in the construction industry and increase accountability for defects arising in the construction of new multi-dwelling apartment buildings. The Act aims to ensure that designs and building work are compliant with the BCA and mandates all builders, architects and engineers must be registered and issue compliance declarations for their work on class 2 buildings.

Information regarding the Design and Building Practitioners Act and the responsibilities of each practitioner can be accessed through the following link:

https://www.fairtrading.nsw.gov.au/trades-and-businesses/construction-and-trade-essentials/DBP-regulated-buildings#background.

The legislation was primarily enforced to safeguard the standard of residential apartment buildings; nonetheless, other dwelling types also fall under the class 2 building classification. Manor houses, dwellings consisting of two separate units with one directly above the other, and terraces or townhouse developments with a shared basement or garage, all fall under the scope of this Act. As a result, many small-scale developers were affected by the new scheme as the design documents now needed to be certified by architects and engineers registered under the Act.

Some developers had DA approval for their building plans, but the original designers were unable to obtain a Construction Certificate since they were not registered design practitioners with NSW Fair Trading. Meanwhile, homeowners who intended to conduct minor upgrades to their class 2 dwellings found it challenging to secure the services of registered consultants suitable for the job.

As registered design practioners at Lien Architects, we have the ability and knowledge to undertake these types of projects. We can provide the necessary compliance declarations and drawings in line with the Design Practitioner Handbook to obtain your construction certificate or DA approval. We can help coordinate and procure the services of registered engineers and certifiers who can also aid you in this process. If you need assistance with a class 2 development that is affected by the Design Practitioners Act, please contact us today.