| 10 July 2023

Changes to registration requirements for Class 3 and 9c buildings now in place

When the NSW Design and Building Practitioners Act 2020 (DBP) and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB) laws came into effect in 2020 they applied only to Class 2 residential apartment buildings.

The NSW Government intended for this to be expanded to additional classes and has now rolled out some of these changes.

From Monday 3 July 2023 the DBP and RAB acts include the construction of new Class 3 and 9c buildings. In July 2024, the acts will be further expanded to include alteration or renovation work for existing buildings in these classes.

Engineers must be registered, whether as design practitioners or professional engineers, under the DBP Act to continue working on Class 3 and 9c buildings. It will also be a requirement to make declarations related to the design of these classes of buildings.

Before works can begin, design practitioners will need to declare some designs for compliance with the Building Code of Australia for the building practitioner to lodge on the NSW Planning Portal.

Without registration, engineers will not be able to practice on these classes of buildings.

Class 3 buildings include residential buildings such as boarding houses or hostels, that provide either short- or long-term accommodation to unrelated people. Class 9c buildings cater to residents that may need care, such as physical assistance in conducting daily activities or help to evacuate in an emergency.

The NSW Government states the inclusion of additional classes in the DBP and RAB acts is a continuation of its commitment to restore public confidence in the building and construction industry.

Engineers Australia supports the efforts of the NSW Government to reform the building industry in NSW and to implement the recommendations of the Building Confidence Report. To find out more about design and building practitioner reforms see the NSW Government Fair trading website.