All Insights
Diagnostech Hosts Industry Forum with Building Commission NSW and ACRA
Diagnostech was proud to host Assistant Building Commissioner Matt Press, Neda Mirzadeh and Yu Zhang and Australasian Concrete Repair & Remedial Building Association (ACRA) at our Head Office for a collaborative industry forum focused on remedial building practice, regulatory interpretation and compliance outcomes.
The day comprised a collaborative roundtable and a site visit, which was designed to:
- continue important open dialogue and proactive collaboration between government and industry
- explore how the DBP Act is operating in practice
- understand the impacts of current regulatory requirements on building owners and project stakeholders
- discuss how remediation approaches can be developed to achieve clear, defensible compliance outcomes
The forum centred on three real-world Class 2 multi-residential strata building case studies which included:
- magnesite-induced corrosion
- localised water ingress within expansion joints
- localised concrete degradation on communal walkways
A Practical Example of the Impact on Building Owners
One of the case studies explored how the remediation approach for a localised water ingress issue at sliding door thresholds can differ significantly depending on the compliance pathway adopted.
Historically, a localised repair may have involved targeted waterproofing works to address the specific defect. Today, achieving a clear and defensible compliance outcome under the DBP Act and contemporary NCC requirements can result in substantially broader scopes of work.
While every building and defect scenario is unique, this example highlights one of the key topics discussed during the forum: how technically sound localised repairs can evolve into much broader remediation projects when teams seek to achieve compliance outcomes that are clear, defensible and aligned with current regulatory expectations.
This has important implications for apartment owners, who ultimately bear the financial and practical impacts of remediation decisions through increased project costs, longer construction periods and greater disruption to residents.
The example demonstrates the real-world consequences for owners’ corporations and why these discussions matter.
Through the examples discussed, a number of common industry challenges were highlighted, including:
- Risk assessment and management
- Proportionality of remediation solutions
- Regulatory interpretation and compliance obligations
- Balancing technical requirements with practical outcomes for owners
Several important themes emerged from the discussion:
- Clear and consistent regulatory guidance has a direct impact on remediation outcomes
- Localised repairs can present implementation challenges where residual risk, system continuity and responsibility boundaries must be considered
- Greater consistency in guidance and regulatory interpretation would support more defensible and proportionate remediation approaches
- Ongoing collaboration between industry and government remains essential to improving outcomes for building owners
Key outcomes:
- Clear and consistent regulatory guidance has a direct and measurable influence on remedial building outcomes.
- Localised repairs can present implementation challenges in remediation contexts, particularly where residual risk, system continuity and responsibility boundaries must be addressed.
- There is a need for policy reform, continued refinement of guidance and regulatory interpretation to support defensible, proportionate remediation approaches and improve consistency of outcomes for industry and building owners.
“What we are seeing in practice is that the challenge is not identifying technically sound solutions – it is achieving outcomes that are clear, defensible, and aligned with the current regulatory framework.In the context of existing buildings; this can mean that localised defects evolve into broader scopes of work, not necessarily because building elements have failed, but because the system and its interfaces need to be considered holistically.
The opportunity now is to continue working collaboratively with government to support policy settings that allow these risks to be managed in a proportionate and practical way, ultimately delivering better outcomes for building owners”
Dennis Stephenson – Managing Director, Diagnostech
Diagnostech appreciates the valuable contributions from all participants and looks forward to continuing these important conversations that help strengthen the remediation sector and deliver better outcomes across the built environment.
Thank you to everyone who contributed their expertise and perspectives, in particular to Deborah Lockart from ACRA who has led industry advocacy, working with the Building Commission, NSW since 2021.
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. |
