Building defects and DBP

When might a registered design practitioner be required?

A practical early check for NSW regulated building work before a committee accepts a remedial-work proposal.

5-minute readReviewed 24 August 2026Committees and strata professionals
The short answer

For remedial work on an existing class 2 building, work involving a building element or performance solution may require regulated designs prepared and declared by an appropriately registered design practitioner, with lodgement obligations handled by a registered building practitioner. Check the building class, scope and exclusions before contracting or starting work.

The five-minute framework

Think before you act.

1. Confirm the building class

Establish whether the building is class 2 or mixed-use with a class 2 part. Different timing currently applies to remedial work on existing class 3 and 9c buildings.

2. Define the proposed work

Obtain a detailed scope. Ask whether it affects a building element or performance solution, rather than relying on labels such as maintenance or repair.

3. Check exclusions and emergencies

Do not assume an exemption. Test the work against current guidance and the Regulation. Emergency pathways are limited and have separate obligations.

4. Verify practitioner roles

Check the public register and confirm who will prepare and declare the regulated design, perform or oversee the work, and lodge the documents.

5. Hold the compliance record

Before work begins, identify the designs, declarations, portal lodgements, variations and completion records. Include responsibilities in contract administration.

Watch for

  • A contractor dismissing design requirements without applying the DBP test
  • Work starting before required designs and declarations are lodged
  • Confusing engineering advice with a regulated design declaration
  • Treating all urgent work as emergency work

Escalate when

  • The building class or scope is uncertain
  • Waterproofing, structure, façade, fire safety or a performance solution is involved
  • Registration details or documents are withheld
  • Work started without the expected compliance pathway
Official references checked

Source-controlled learning

Reviewed against the following current official material on 24 August 2026. Open the source to check the latest version before relying on it.

Learning boundary: The DBP pathway turns on building class, work and exclusions. Obtain advice from appropriately registered practitioners or a construction lawyer for the project before work starts.
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