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Mini Blog | Dated 13 August 2025
DBP Act Refresher: How are you impacted as a Strata Manager? (Part 2)
When the Design and Building Practitioners Act 2020 (NSW) came into effect, it created an immediate need to clarify its implications for Strata Managers, particularly in the context of remedial building work. It also opened the door for ongoing education and greater transparency across the sector.
In Part 2 of our DBP Act Refresher, our aim is not only to help you understand what these legislative changes mean for your role, but also to equip you with knowledge so you can support others, whether they’re clients, property owners, or key stakeholders, who may be finding it challenging to adapt.
We will begin by focusing on the impact these changes have had on you, one of the most significantly affected groups within the remedial sector.
Why Strata Managers Are Heavily Impacted
There’s no doubt, that for building professionals, the application of the NSW DBPA legislation to all existing buildings was more impactful than anticipated.
It completely changed the way that anyone working in remedial construction, including all Remedial Consultants must operate and complete projects moving forward.
Given that the DBPA was initially only rolled out to all Class 2 buildings, this means that Strata Managers were left to bear the brunt of these changes – often without understanding what they are or why they only applied to their buildings.
So, if you’re a Strata Manager still struggling to understand these changes, we’re going to take this opportunity to outline exactly how they affect you, as well as what you can do to ensure understand the impact of these rules and regulations.
Remedial waterproofing works for buildings under strata plans are now subject to a much more stringent process.
While many of you may have already encountered this, it’s important to be prepared for a significantly more complex and rigorous design and implementation process when planning certain types of remedial waterproofing work in existing buildings.
Ultimately, you could experience much greater time delays in receiving the required documentation for works to commence, potentially accompanied by costly planning processes in general – given the added work and administration involved.
Currently, unless the work qualifies as emergency repairs, there’s no way to bypass the more stringent process introduced by the DBP Act, you’ll encounter these requirements regardless of which consultant or contractor you engage.
What is an emergency building repair?
Remedial building work is only classified as emergency remedial building work or ’emergency repair’ if all of the following apply:
- Immediate action is necessary to remedy an issue; and
- The issue is causing, or is likely to cause, damage to the building and:
– The inability to inhabit or use the building (or part of the building) for its intended purpose, or
– A risk to health or safety, or
– A risk of further damage to the building (or part of the building); and - These impacts, or likely impacts, are serious in nature; and
- The work undertaken is limited to what is necessary to mitigate these impacts or likely impacts until further remedial building work can be undertaken.
Click Here To Read The Full Emergency Repairs Work | NSW Fair Trading
The requirements for CDC and DA
Many types of remedial building work can be completed as “Exempt Development” if specific criteria is satisfied. Generally, any remedial building work involving waterproofing requires Construction Issued Regulated Designs even if the works are deemed “Exempt Development”, i.e. Exempt from Planning Approvals e.g. CDCs or DAs.
However, under the DBPA and the CODES SEPP (see definitions below), planning approvals, including a Development Approval (DA) or a Complying Development Certificate (CDC), will be triggered if:
- The strata plan does not have a current Annual Fire Safety Statement (AFSS) process in place or;
- there are non-exempt heritage impacts or;
- a Performance Solution is required (Click here to watch: NCC Performance Solutions) or;
- Remedial works are deemed outside parameters of exempt development. Click here to view the remedial exempt fact sheet. This means that for works to remain in the “Exempt” Development space, the CODES SEPP (Exempt & Complying Development) states that the development must meet the relevant ’Deemed-to-Satisfy Provision’.
If, for any reason, this (and other) criteria cannot be satisfied, then a DA will be required, and this DA can take up to 3 or 6 months+ for the Council, Planning Panel or other Planning Authority to process, once the planning documentation including Environmental Impact Statement, Planning Condition exception reporting and the like, has been submitted.
Note: Any departures from the ‘Deemed to Satisfy Provisions’, will fall outside exempt development to comply with the CODES SEPP, hence a CDC or DA will be required.
Naturally, these CDC and DA approval processes place a large strain on the planning system and will add further costs and time delays to your remedial projects.
Additionally, with the introduction of the NCC 2022, the compliance landscape has become more complex. There are now stricter requirements regarding whether remedial works must comply with the current codes, making the certification process more complicated, with unintended consequences such as potentially costly and (to the Owners at least) seemingly unnecessary additional work.
In addition to this, a CDC pathway will only be available if certain parameters are satisfied. Examples include:
- The works must only use materials and finishes of a similar colour palette and substance to the existing.
- The works must not affect any existing fire-resisting components of the building.
- The works must be located at least 3m from any side or rear boundary.
- The works must be located behind the building line of any primary or secondary road frontage.
For the purposes of external works to an existing building, the development must only be to the first 3 storeys of the building, not including any basement or parking level.
Planning Definitions
DA (Development Application): The formal application submitted to your local consent authority (Council) for permission to carry out a new development.
CDC (Complying Development Certificate): Fast- track approval process for straight forward residential, commercial and industrial development.
CODES SEPP: refers to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This policy outlines specific types of development that can proceed without the need for a full development application, streamlining the approval process for certain projects. Click here to read more about CODES SEPP
NCC Compliance Pathway
Figure 1. NCC compliance option structure. Link: Part A2 Compliance with the NCC | NCC
Performance Requirement: A performance requirement is the level of performance that a solution must meet in terms of how well it functions.(See Figure 1)
Performance Solution: An alternative approach to meeting performance requirements, providing flexibility, while ensuring compliance with level of performance. This must demonstrate the following:
- Compliance with all relevant Performance Requirements; or
- The solution is at least equivalent to the Deemed-to-Satisfy Provisions. Click here to view the FULL NCC definitions
Deemed to Satisfy: Term used in building regulations, meaning that if a design or construction method meets specific performance criteria, it is automatically considered compliant without needing further approval or review. It streamlines the process by allowing standard solutions to fulfill regulatory requirements.
Deemed to Satisfy Solution: A way to meet the requirements of the National Construction Code (NCC) by following the specific rules set out in the Code. Compliance can be shown using:
- Evidence of Suitability (Part A5): Proof that a product, material, or design meets the NCC requirements.
- Expert Judgement: Advice from a qualified expert that confirms the solution complies. Click here to view the NCC definitions
Diagnostech’s DBPA Capability
At Diagnostech, every one of our Diagnostech design practitioners is qualified and registered through the DBPA. Likewise, we only ever work with construction companies and contractors that are properly qualified and DBPA registered as well.
We are committed to keeping our clients up to date on the DBPA requirements and supporting owners in understanding the implications for their buildings.
While this article has been designed to provide you with all the information you might need to remain well-informed about the DBPA and how it will impact you, keep in mind that our team at Diagnostech are also available to provide guidance and help understand the implications for your clients or your building.
Glossary of Terms
| Term | Definition |
|---|---|
| Remedial Building Work | Remedial building work refers to repair, maintenance, upgrades, or defect rectification on existing buildings. It’s a broad term used to restore a building’s performance or compliance. |
| Design and Building Practitioners Act 2020 (NSW) – DBPA | The DBPA is legislation introduced in NSW to enhance accountability in construction by mandating practitioner registration, compliance declarations, and duty of care obligations. It ensures that both design and building work meet minimum standards. |
| Class 2 Building | A Class 2 building refers to residential apartments or townhouses with shared spaces like lobbies or basements. |
| Class 3 Building | Class 3 buildings are intended for long-term or transient accommodation for unrelated people, such as boarding houses or hostels. |
| Class 9C Building | A Class 9C building is a residential care facility that provides varying levels of physical assistance to residents, such as aged care homes. |
| Design Practitioner | Refers to a person who prepares regulated designs |
| Regulated Design | A Regulated Design is any design prepared for remedial work involving critical building elements like waterproofing or cladding. It must be developed by a registered practitioner and comply with legislation. |
| Exempt Works from Regulated Design | Works such as concrete repair or repainting are generally exempt from Regulated Design obligations. However, work on structural elements still requires proper supervision and may need approval. |
| Duty of Care (under DBPA) | The DBPA introduced a statutory duty of care requiring builders, designers, developers, and supervisors to avoid economic loss caused by defects. It applies broadly—even to building types outside DBPA. |
| Pafburn Case | In Pafburn Pty Ltd v The Owners – Strata Plan No. 84674 [2024] HCA 49, the High Court confirmed that head contractors and developers are responsible for defects caused by subcontractors, significantly extending liability. |
| Section 106 – Strata Schemes Management Act 2015 (NSW) | This section imposes a strict legal duty on owners corporations to repair and maintain common property in strata schemes. |
| Construction Issued Regulated Design | This is a final certified design prepared by a registered practitioner to ensure remedial work complies with DBPA and building codes. Required for Class 2 works and from July 2026 for Class 3 and 9C. |
