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Mini Blog | Dated 16 July 2025
DBP Act Refresher: What Strata Managers and Owners Corporations need to know (Part 1)
It’s been over four years since the Design and Building Practitioners Act 2020 (NSW) came into force, bringing with it a wave of regulatory change aimed at improving building standards and accountability across the construction industry. At Diagnostech, we’ve spent this time learning, adapting, and supporting our clients remedial building needs through the evolving compliance landscape.
As we continue to work closely with Strata Managers and Owners Corporations, we’ve noticed a consistent need for ongoing education and clarity, especially when it comes to remedial building work. That’s why we’re launching this blog series: to provide a clear, practical refresher on the DBP Act and its key implications for those managing and maintaining residential strata schemes.
What is remedial work?
Remedial building work is used as a broad term to define work involving repair, maintenance, or upgrades on existing buildings, or defect rectification or corrective actions on buildings. Source Fair Trading NSW
What is the Design and Building Practitioners Act 2020 (NSW) (DBPA)?
The Design and Building Practitioners Act (DBPA) has been a game-changer for both design practitioners and building practitioners in New South Wales. It holds design professionals accountable for their designs and building professionals for the actual construction, ensuring both meet compliance and safety standards. Design practitioners are required to register and ensure their designs comply with regulations while building practitioners are responsible for ensuring the construction aligns with those designs. The Act also introduces clear liability for defects and mandates insurance coverage to protect against future issues.
The NSW Government describes the DBPA as “an Act with respect to the registration of design practitioners, principal design practitioners, professional engineers, specialist practitioners and other building practitioners, compliance declarations and a duty of care; and for other purposes.”
In essence, the DBPA makes sure that both design and building practitioners are accountable, helping deliver safer and higher-quality building, restoring consumer confidence. Source: NSW Consolidated Acts – Definitions
What Building Classes does the DBP Act apply to for remedial work?
The DBPA legislation applied to remedial building work for class 2 only from 1 July 2021. It will also apply to class 3 and 9c buildings from 1 July 2026 (unless deferred).
Source: Fair Trading NSW
A Level of Compliance Across Building Classes
The Design and Building Practitioners Act (DBPA) initially applied only to Class 2 buildings. As of 3 July 2023, its scope was extended to include Class 3 and 9C buildings. For remediation or renovation works on existing Class 3 and 9C buildings, compliance has been further deferred to 1 July 2026.
Please note: DBPA continues to apply only to Class 2 (residential strata) buildings for remediation works until 1 July 2026, when Class 3 and 9C buildings are currently expected to be included — unless further deferred Click here for more information on the changes.
Key Points:
- Class 2 buildings typically include multi-storey, multi-unit apartment buildings where people live above or below each other. It also covers single storey attached dwellings, like those with a common space below (think carparks or basements).
- Class 3 refers to residential buildings that are not Class 1 or 2 but are used for long-term or transient living by unrelated persons. Examples include boarding houses, hostels, backpacker accommodations, or even care facilities for the elderly.
- Class 9c buildings are residential care facilities. These places house people who need varying levels of physical assistance in their daily activities or during an emergency evacuation, such as aged care buildings.
This means that, if you’re a Strata Manager or the owner of a property in a residential apartment building under a strata plan, you are already required to comply with this legislation.
While the Act currently applies to all Class 2 buildings and will soon extend to all Class 3 and 9c buildings, it is expected to eventually cover commercial buildings as well. However, a compliance date for this expansion has not yet been confirmed.
This means that, if you are a Facilities Manager of a commercial building, these changes may soon apply to you, so it’s best to make sure that you’re fully prepared for what’s to come.
Of course, while the DBPA has not yet been completely rolled out to all the classes, the introduction of this legislation increased the resources and requirements for completing all remedial projects.
What do Strata Managers and Owners Corporation need to understand when dealing with design and building practitioners for remedial work?
- Registration is mandatory for design and building practitioners performing specific designs and construction work, in relation to specified classes of buildings.
- Registered design practitioners are required to prepare a ‘Construction Issued Regulated Design’ to ensure the owner benefits from a project that meets safety standards, quality expectations, and legal regulations. Those engaging these practitioners should ensure they are registered to cover these protections.
Key Points for remedial works to existing buildings:
- Regulated Design for remedial building work currently applies to Class 2 Buildings only, as per the NSW Governments “Changes to design and building practitioner obligations”. From 1 July 2026, it is proposed to apply to remedial works in class 3 and 9(c) buildings.
- Works Included in Regulated Design: In the remedial industry, regulated designs may apply to exempt development works such as waterproofing and recladding.
- Works Excluded from Regulated Design: Concrete repair, corrosion repairs, repainting etc. are generally excluded from Regulated Design Requirements. However, repairs to structural elements shall be supervised by a Registered Professional Engineer. Non-minor structural repairs may require Planning Approval. (Remedial building work – State Environmental Planning Policy (Exempt and Complying Development Codes) 2008)
- Works Exception for Regulated Design: If a Development Application or Complying Development Certificate (CDC) is required (i.e. Planning Approval), all ‘Building Elements’ (refer to Section 6 of the Act for definitions) will require a Regulated Design.
- Note that each project and building may have different requirements depending on their age, heritage status and other factors. Click Here to view Section 6 of DBPA Definitions
- Under the DBPA, the Duty of Care is a key element that everyone involved in construction works needs to be aware of. It refers to the responsibility of construction professionals to exercise reasonable care to prevent economic loss to owners – both current and future – due to defects.
This Duty of Care applies to all aspects of construction work, from design to project management, and is continuous throughout the entire process. The responsibility includes design practitioners, who must ensure their designs meet safety, regulatory, and other relevant standards. Once construction begins, building practitioners take over to ensure that the building is constructed as per the approved design, maintaining its structural integrity and compliance with all building codes.
Developers, project managers, and supervisors also play a crucial role. Their Duty of Care goes beyond overseeing the physical work—they must ensure that every part of the project, from design through construction, is executed safely and in line with regulations. They’re responsible for managing risks, addressing defects, and ensuring any potential issues are dealt with promptly. Even if they’re not directly performing the work, they can still be held accountable for failing to properly oversee the project.While the DBPA specifically applies to Class 2 right now, the Duty of Care provisions extend across all building types, as interpreted by related legislation. This means buildings outside the DBPA’s scope, such as Class 5 buildings, are still subject to the Duty of Care—though they don’t have to comply with the specific DBPA requirements, like those for regulated designs.
Click Here to Read Duty of Care Article by Herbert Smith Freehills
An important practical consequence is that owners’ corporations, as successors in title, will have greater scope for pursuing claims for economic loss arising from defects as a result of a breach of duty of care for up to 10 years post completion. The legislation expands the range of claims which may be made and the range of practitioners against whom such claims may be made, as well as extending limitation periods.
In the recent decision of Pafburn Pty Ltd v The Owners – Strata Plan No. 84674 [2024] HCA 49, the High Court of Australia made a big shift in how proportionate liability for building defects is decided. In brief, the Court ruled that head contractors and developers are fully accountable under the DPBA, even if the fault lies with subcontractors. This case has set the stage for the DBPA duty of care provisions, expanding who can be held responsible for defects and giving affected parties more time to take action. It is a reminder that everyone involved in construction now carries more responsibility, changing the way defect claims are dealt with across the industry.
Click Here To Read The Full Pafburn Case StudyAccordingly, strata schemes and their managing agents experiencing building defect issues should obtain legal advice as to the implications of the legislation. In particular:
- They may have available claims which they had not previously considered.
- Although you cannot contract out of DBPA, they should exercise care when negotiating the settlement of a claim not to prejudice or forgo additional rights in relation to future latent defects they may have under the DBPA.
Section 106 of the Strata Schemes Management Act 2015 NSW (SSMA) outlines an owner’s corporation’s strict obligation to maintain and repair property not the strata managers. Click Here to Read The Duty of Owners Corporation.
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. |
