The 2026 Shift: Understanding the DBPA Expansion to Class 3 and 9c Buildings

Last Updated on 18/06/2026 by Damin Murdock

The regulatory landscape of the New South Wales construction industry is undergoing a significant transformation. Effective 1 July 2026, the Design and Building Practitioners Act 2020 (DBPA) and its supporting Regulation will officially expand to cover remedial work, specifically repairs and alterations, on Class 3 and Class 9c buildings.

This expansion marks a pivotal moment for building owners, owners corporations, and contractors, as it brings a higher level of oversight and accountability to the maintenance and renovation of high-stakes residential and aged-care facilities.

In this article, we explain what is changing and what building owners, managers, builders and design practitioners should consider before 1 July 2026.

What Buildings Are Affected?

The regulated designs and declarations framework under the DBPA has historically applied primarily to Class 2 buildings and mixed-use buildings containing Class 2 sections. The upcoming expansion extends the framework to Class 3 and Class 9c buildings.

Class 3 Buildings

Class 3 is defined in the DBPA as “a residential building, other than a building of Class 1 or 2, which is a common place of long-term or transient living for a number of unrelated persons”. The Act specifically lists:

• Boarding houses, guest houses, hostels, lodging houses, or backpackers’ accommodation
• Residential parts of hotels or motels
• Residential parts of schools
• Accommodation for the aged, children, or people with disabilities
• Residential parts of healthcare buildings that accommodate staff members
• Residential parts of detention centres

Class 9c Buildings

According to the DBPA, Class 9c buildings generally include residential care buildings where residents may require physical assistance during an emergency evacuation, for example, aged care facilities and nursing homes. In fact, regulatory attention to these buildings has increased because they house vulnerable occupants.

Although the abovementioned distinction seems clean, in our experience, building classification is not always straightforward. Many mixed-use buildings and properties that changed function over time could create classification uncertainty. Before starting remedial work, owners and practitioners should confirm the applicable building class and whether the proposed work is regulated building work.

Key Changes: Remedial Work, Designs and Declarations

The key change affecting the DBPA framework is expected to apply to prescribed remedial building work on existing Class 3 and Class 9c buildings. This includes certain repair, alteration and renovation work.

The expansion won’t necessarily cover every item of maintenance or repair. The obligation depends on the building class, the nature of the work and whether the work falls within the regulated framework.

If the work falls within the DBPA framework, two key compliance requirements apply:

• Regulated Designs

If the DBPA framework applies to the work, regulated designs must be prepared before construction begins. Those designs must be prepared by a registered design practitioner and demonstrate compliance with the National Construction Code (NCC).

Practitioners should confirm that their registration covers the particular type of design work being carried out before preparing any regulated designs

• Compliance Declarations

Compliance declarations are another important part of the DBPA framework. Where required, a registered design practitioner must provide a Design Compliance Declaration confirming that the regulated design complies with the applicable requirements. A registered building practitioner must also provide a Building Compliance Declaration in relation to the building work.

The required declarations and supporting documents are lodged through the NSW Planning Portal. Building owners and practitioners should ensure these obligations are addressed throughout the project, as failing to lodge required documents on time may result in compliance issues, project delays or disputes.

Why This Expansion Is Happening

The expansion is part of the ongoing “Construct NSW” reform strategy led by the Building Commission NSW. The goal is to restore confidence by making sure that repairs on large-scale residential developments are held to a high standard. The Building Commission also wants to protect residents’ safety in aged care facilities, and high-occupancy buildings from substandard construction work that could lead to structural failure or safety issues. Requiring registered practitioners to be accountable and sign off on the work establishes a clear chain of responsibility if any defects unveil themselves. 

What This Means for Practitioners

If you are a builder or designer working on hotels, hostels, or aged care facilities, you must ensure you are properly registered under the DBPA before July 2026.

• Ensure you have the correct class of registration to work on Class 3 and 9c buildings.
• All designs and declarations must be lodged via the NSW Planning Portal.
• The requirement for registered designs and declarations adds a layer of administration that must be factored into project timelines and budgets.

Common Mistakes We See in DBPA Compliance

In our experience, these are the most common mistakes when it comes to DBPA compliance:

1. Many owners, strata managers, and contractors assume that because they are “just fixing” something, the DBPA does not apply. In reality, structural repairs, waterproofing works, façade remediation, fire safety upgrades, and other building-envelope works are often regulated building work requiring compliance with the DBPA framework.
2. We frequently see projects where designers are not appropriately registered, or builders assume their existing licence is sufficient, or specialist consultants who are not registered in the relevant DBPA category. When a defect later arises, the lack of proper registration can create significant liability and insurance issues.
3. Under the DBPA, regulated designs and declarations generally need to be lodged through the NSW Planning Portal before work commences. We sometimes find projects where the designs exist, but the statutory lodgement process wasn’t completed.
4. We rarely see projects that proceed exactly as planned. When waterproofing systems orstructural details are changed on site, you should lodge the updated designs and declarations. Forgetting this step can create important issues later if defects are found. 

Frequently Asked Questions

Does the July 2026 change apply to all work on Class 3 and Class 9c buildings?

No. The July 2026 change is directed at prescribed remedial building work on existing Class 3 and Class 9c buildings. Routine maintenance that does not fall within regulated building work may not be captured. However, the distinction between maintenance, repair, alteration and regulated remedial building work is not always obvious.

What is a registered design practitioner?

A registered design practitioner is a person registered under the DBPA to prepare regulated designs and provide design compliance declarations for particular types of work. Registration requirements depend on the practitioner’s role and the class of work involved.

What happens if work proceeds without the required declarations?

If regulated building work proceeds without the required designs or declarations, this may breach the DBPA framework. Consequences may include penalties, disciplinary action, certification issues, contractual disputes, insurance complications and increased liability exposure if defects arise.

Need Assistance with DBPA Compliance?

As the 1 July 2026 deadline approaches, understanding the nuances of the Design and Building Practitioners Act is essential for anyone in the construction and strata sectors.

Whether you are an Owners Corporation managing a remedial project for a Class 3 building or a contractor needing advice on compliance declarations, feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, to our YouTube, LinkedIn, Facebook and Instagram, and kindly give us a favourable Google Review. 

DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us