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.
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.
What you need to know
- The DBP legislation continues to apply to remedial work on existing class 2 buildings, including mixed-use buildings with a class 2 part, unless an exclusion or limited emergency pathway applies.
- Regulated designs are relevant where building work involves a building element or performance solution; labels such as repair or maintenance do not decide the issue.
- The registered design practitioner prepares and declares the design, while the registered building practitioner is responsible for the required NSW Planning Portal lodgements.
Test the building, work and practitioner before starting.
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
Clear answers before you act
Is remedial work automatically exempt because it is a repair?
No. Repair, renovation and protective treatment can be building work under the DBP framework. Test the class, scope, building elements, performance solutions and any specific exclusion.
Is waterproofing always excluded?
No. NSW Government guidance states that waterproofing generally requires a regulated design unless the work meets the specific exclusion criteria in the Regulation.
Can an engineer's report replace a regulated design declaration?
Not automatically. Confirm the practitioner's registration class, the document required for the work and who will make the design compliance declaration and portal lodgement.
Source-controlled learning
Reviewed against the following current official material on 30 August 2026. Open the source to check the latest version before relying on it.
- NSW Government — Remedial building work in regulated buildings ↗
- NSW Government — Design practitioner obligations ↗
- NSW Government — Building practitioner obligations ↗
- Verify NSW — Design and Building Practitioners register ↗
- Design and Building Practitioners Act 2020 (current) ↗
- Design and Building Practitioners Regulation 2021 (current) ↗
Knowing the check is useful. Practising the judgement is better.
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