View a recording of the Webinar hosted on 9 December with the Registrar, Dr Kirsten Orr and Kathlyn Loseby, NSW Chapter President AIA for an important update on the DBP Act and Draft Regulation.
The session recording is available to view through the link below.
The Design and Building Practitioners Act 2020 (DBP Act) was passed by NSW State Parliament on 3 June 2020 and will commence on 1 July 2021.
The draft Design and Building Practitioners Regulation 2020 (the Regulation) to support the Act has recently been released for public consultation, with submissions closing on 11 January 2021.
The DBP Act and Regulation impact architects who wish to work on Class 2 buildings or buildings with a Class 2 component. These are typically multi-storey residential apartment buildings.
The new legislation aims to improve the quality and compliance of design documentation and is intended to strengthen accountability across the NSW building design and construction industry. The proposed Regulation will establish registration schemes for design and building practitioners and for professional engineers who work on Class 2 buildings and buildings with a Class 2 component.
Key features of the Regulation that impact directly on architects are:
- Classes of registration for Design Practitioners and Principal Design Practitioners
- New obligations for lodging regulated designs and compliance declarations
- Codes of Practice that Design Practitioners and Principal Design Practitioners must comply with in order to maintain registration under the new scheme
- Continuing Professional Development (CPD) requirements that apply to Design Practitioners and Principal Design Practitioners
- Insurance requirements that apply to Design Practitioners and Principal Design Practitioners
- Prescribed penalty notice offences
In addition to being registered by the Board, under the new scheme architects who work on Class 2 buildings or buildings with a Class 2 component will also need to be registered with NSW Fair Trading. At this stage, it appears that architects will be issued with a second registration number.
The Architects Act 2003 will remain in place, with the DBP Act and the Regulation sitting alongside. As soon as the Regulation has been finalised, the Board will seek amendments to the Architects Act 2003 to bring it into better alignment with the new legislation.
A copy of the DBP Act is available here.
A copy of the Regulation, Regulatory Impact Statement and CPD Guidelines can be found on the NSW Government Have Your Say website. Note there is no link from the website to the DBP Act itself (please refer to the above link).