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.
What Buildings are Affected?
To understand the impact of this change, it is first necessary to define the building classes being brought into the fold:
- Class 3 buildings are residential buildings other than a Class 1 or 2 building. A Class 1 building is a single dwelling or a group of two or more attached dwellings such as duplexes, villas or townhouses that are only separated by a fire-resisting wall. Class 2 buildings are buildings that have two or more sole-occupancy units that are separated, often being a strata scheme building with common property. Finally, Class 3 buildings are a common place of long-term or transient living for several unrelated persons, such as boarding houses, guest houses, hostels, backpacker accommodation, and the residential parts of hotels or motels.
- Class 9c buildings are aged care buildings where residents may require help in an emergency, such as nursing homes.
Before this amendment, the DBPA focused primarily on Class 2 buildings (apartments). By including Class 3 and 9c, the NSW Government is extending safety and quality protections to some of the state’s most vulnerable residents.
Key Changes: Remedial Work, Designs, and Declarations
The most significant aspect of this expansion is that it applies to remedial work. This includes repairs, renovations, and alterations to existing structures. From July 2026, these projects will be subject to the same rigorous compliance standards as new builds.
1. Registered Designs
Before any “regulated work” commences on a Class 3 or 9c building, Regulated Designs must be prepared by a registered Design Practitioner. These designs must prove that the proposed work complies with the Building Code of Australia (BCA).
2. Compliance Declarations
Once the designs are prepared, a registered Design Practitioner must issue a Design Compliance Declaration. Following completion of the work, the Building Practitioner must provide a Building Compliance Declaration stating that the work was built in accordance with the designs and meets the requirements of the BCA.
Why Is This 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 ensuring that repairs on large-scale residential buildings are performed to a high standard.
- Protecting residents’ safety in aged care and high-occupancy buildings from substandard workmanship that could lead to structural failure or fire safety issues.
- Requiring registered practitioners to be accountable and sign off on work establishes a clear chain of responsibility if defects arise.
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.
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, and subscribe to our YouTube, LinkedIn, Facebook and Instagram. If you liked this article or video, please also 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.
Damin Murdock (J.D | LL.M | BACS - Finance) has over 17 years of experience as a commercial lawyer. He helps businesses navigate construction and technology law. Damin has held several big leadership roles, including serving as a director of a national law firm and the Chief Legal Officer for Lawpath.
He has personally helped more than 2,000 startups and small businesses. With over 300 five-star reviews, his clients clearly value his practical advice and simple way of explaining things. Damin has also hosted over 100 webinars that thousands of people have watched to get reliable legal help.
