Building practitioner obligations when working on regulated buildings
Learn about the responsibilities building practitioners have when working on regulated buildings, including registration requirements.
Building practitioner registration
Building practitioners must be registered under the Design and Building Practitioners Act 2020 (DBP Act) to work on a regulated building class (currently class 2, certain 3 and 9c including mixed-use buildings). Once registered, a building practitioner can declare and lodge documents before building work starts.
Find out how to:
What does a building practitioner do?
The building practitioner is someone who agrees to do or oversee building work on a class 2, 3 or 9c building (or a mixed-use building with a class 2, 3 or 9c part). Where there is more than one builder, the building practitioner is the principal contractor. The building practitioner must be registered to carry out this function on a regulated class of building.
If a body corporate agrees under a contract or other arrangement to do building work or is the principal contractor for the work, it will be the building practitioner. A body corporate holds an Australian Company Number (ACN) and is registered with the Australian Securities and Investments Commission (ASIC).
If an individual agrees under a contract or other arrangement to do building work or is the principal contractor for the work, they will be the building practitioner. An individual will usually be a sole trader operating by themselves under an Australian Business Number (ABN).
This role is responsible for ensuring all regulated designs have been lodged on the NSW Planning Portal before any building work is carried out, and to make building compliance declarations. The building practitioner is responsible for declaring that building work has been constructed in accordance with the declared designs and the work that otherwise complies with the Building Code of Australia.
The building compliance declaration and any as-built designs (final regulated designs) must be lodged on the NSW Planning Portal prior to the application for an occupation certificate.
Building practitioners have obligations to lodge designs, make declarations and maintain their registration.
Before building work starts – lodge designs
Registered building practitioners are responsible for lodging regulated designs and design compliance declarations on the NSW Planning Portal. A registered design practitioner must create regulated designs for building work under the Design and Building Practitioners legislation.
Registered building practitioners (low-rise condition) can lodge designs and declarations related to low-rise buildings only.
Registered building practitioners (medium-rise condition) can lodge designs and declarations related to medium-rise buildings only.
For more information on building practitioner registration classes visit the building practitioner registration page.
What do I lodge and when?
A registered building practitioner must obtain a regulated design and a design compliance declaration for a variation to a building element or performance solution before the varied building work can commence.
The varied building work must not start until the regulated designs and declarations have been prepared and obtained by the building practitioner.
The building practitioner can commence the varied building work immediately after obtaining the regulated designs and declarations for the variation and must lodge the construction issued regulated design and design compliance declarations for the variation within 1 day of commencing the varied building work.
This gives the principal design practitioner time to collate and complete the principal compliance declaration.
If there is more than one construction certificate issued for building work (for example, staged development), the building practitioner must lodge all regulated designs and design compliance declarations on the NSW Planning Portal related to the construction certificate before any building work can start.
What happens after you lodge?
Once your documents are lodged in the NSW Planning Portal building work can begin.
Documents lodged in the NSW Planning Portal may be the subject of a building practitioner audit, design practitioner audit or an occupation certificate audit by Building Commission NSW.
Information on shoring, underpinning or anchoring
A registered design practitioner needs to provide regulated designs for any work that involves shoring, underpinning or anchoring. This includes after work starts and there are design variations which may impact shoring, underpinning or anchoring.
If there are ground anchors that access neighbouring land, the building practitioner has the following responsibilities:
Before building work starts
If an encroaching ground anchor is being proposed, the building practitioner must provide a ‘ground installation right document’. A ground anchor installation right document means a document that permits the installation of a ground anchor on neighbouring land and shows the proposed location of the anchor. This could include a registered easement, or a licence agreement, or a deed. For neighbouring land that is a public road, a consent under the Roads Act 1993 from the appropriate roads authority is required that permits the installation of the ground anchor.
If the ground anchor is a temporary encroaching ground anchor, the building practitioner must also provide a document detailing:
- the process for destressing the temporary encroaching ground anchor, and
- the time the destressing will occur.
If the ground anchor is a removable encroaching ground anchor, the building practitioner must also provide a document detailing:
- the process for the removal of a removable reinforcement tendon, and
- the time the removal will occur.
After building work starts – lodge variations
Declare variations for a building element or performance solution
Variations to regulated designs need to be declared for compliance. This may be continuous throughout the construction phase. Variations must be lodged on the NSW Planning Portal.
Variations can be declared using the same form that the design practitioner would use to make a design compliance declaration. A new design compliance declaration form must be completed if the variation involves a building element or performance solution.
What do I lodge and when?
A registered building practitioner or appropriate practitioner must lodge a variation on the NSW Planning Portal related to a building element or performance solution within one day of the variation.
Work may need to stop so that the varied design can be prepared and declared in time to meet this timeframe.
Documents lodged at this stage:
- A copy of each varied regulated design.
- A copy of the regulated design for a new building element or performance solution.
- A copy of each design compliance declaration for the above designs.
Before applying for an occupation certificate – declare your work
The person applying for the occupation certificate must notify the building practitioner before they apply for the occupation certificate. This notice must be given at least 14 days before the application is made.
If a principal design practitioner is appointed, the building practitioner must give them 14 days' written notice before making a building compliance declaration. This gives the principal design practitioner time to collate and complete the principal compliance declaration which the building practitioner is required to lodge.
These notification requirements are in addition to the expected completion notice requirements under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.
Building compliance declaration
As building work nears completion the building practitioner must lodge the building compliance declaration. This can only be lodged online on the NSW Planning Portal. Only the building practitioner can lodge a building compliance declaration. This task cannot be delegated.
The building compliance declaration form is only available for online submission on the NSW Planning Portal.
Crown development projects
The reforms will apply to Crown development projects.
A building compliance declaration is still needed for work that doesn’t require an occupation certificate.
A registered building practitioner must provide a building compliance declaration for the building work, contractor documentation and other required documents within 7 days of completing building work for Crown development projects. This documentation must be lodged on the NSW Planning Portal and include a statement of variations that did not require a new regulated design. This documentation must also be provided to the project contact at the organisation which the work was carried out for.
Work that does not require a construction certificate or complying development certificate, such as Crown development work, is not subject to the building work levy under the Residential Apartment Buildings (Compliance and Enforcement) Act.
Contractor document
The contractor document includes important information about who has completed building work on a project. The building practitioner must complete this form and lodge the form on the NSW Planning Portal at the same time as the building compliance declaration.
Note: This form is available as both a PDF and a .xlsx template. Use the .xlsx template if you require more space for additional information.
Variation statements
A copy of each variation statement is required for building work, and a copy of any other regulated design that contains additional details not in the construction-issued regulated designs, but are not variations.
Variations to an aspect of a regulated design unrelated to a building element or performance solution do not need to be signed off by a design practitioner but must be recorded by the building practitioner in a variation statement.
Building practitioners should consult with the relevant design practitioner to determine whether the variation impacts a building element or performance solution.
Evidence of destressing or removing ground anchors, if required
Evidence about temporary ground anchor destressing
For building work involving a temporary encroaching ground anchor the building practitioner must provide evidence the ground anchor has been destressed:
- for development that does not require an occupation certificate – before the development is complete, or
- otherwise, before applying for the final occupation certificate for the development.
Evidence about removal of reinforcement tendons
For building work involving a removable encroaching ground anchor the building practitioner must provide evidence that the removable reinforcement tendon has been removed:
- for development that does not require an occupation certificate – before the development is complete, or
- otherwise, before applying for the final occupation certificate for the development.
At the completion of building work evidence of destressing and removal of temporary ground anchors on neighbouring properties must be lodged in the NSW Planning Portal.
A principal compliance declaration
If a principal design practitioner is appointed, they are required to complete a principal compliance declaration verifying that all required design compliance declarations have been provided for the regulated designs, and that they were prepared by registered design practitioners in their field of competency.
The building practitioner is responsible for the lodgement of the principal compliance declaration.
The Principal Compliance Declaration is only required if there is a principal design practitioner. It confirms that all the design compliance declarations related to the project have been completed by a registered design practitioner with the relevant authority.
A copy of the fire safety certificate
A fire safety certificate is issued by or on behalf of a building owner when new building work is complete. The certificate confirms that a properly qualified person has installed and checked the measures listed in the fire safety schedule. This helps verify that the measures can perform to the minimum standard.
For more information on meeting the requirements of fire safety regulations, visit Reforms to fire safety regulation 2022.
After the issue of an occupation certificate
Any variations to building work, in addition to those already lodged by the building practitioner, must be lodged on the NSW Planning Portal within 90 days of the issue of an occupation certificate.
What do I lodge?
If the documents below have been varied from before applying for an OC, the following must be submitted:
- Building compliance declaration
- Contractor document
- Variation statement form (PDF) or Variation statement template (XLSX)
- A copy of any other regulated design that contains additional details not in the construction-issued regulated designs, but are not variations
- A principal compliance declaration
Carrying out emergency remedial building work
A building practitioner may carry out work without the required regulated designs and declarations if they have a “reasonable excuse”. A building practitioner would be considered to have a “reasonable excuse” if they are carrying out emergency remedial building work.
Building work is only considered "emergency remedial building work" if it meets specific criteria.
For emergency remedial building work, the building practitioner is still required to complete a building compliance declaration and provide it to Building Commission NSW.
Building Commission NSW has powers under the DBP legislation over remedial building works and registered practitioners to ensure that work is being performed appropriately. Audits will be conducted to ensure the work that is claimed to be emergency remedial work satisfies the criteria.
The criteria for ‘emergency remedial building work’ and information on your obligations can be found on the Emergency remedial building work page.
Building practitioner roles
The building practitioner is for individuals who are required to prepare documents and make declarations related to class 2, 3 or 9c building work or a mixed-use building with a class 2, 3 or 9c part.
The building practitioner must hold an endorsed contractor licence for general building work issued under the Home Building Act 1989 or satisfy the qualification requirements to hold a contractor licence issued under the Home Building Act 1989 (applicable for practitioners working on class 3 and 9c buildings only).
If you do not hold a current endorsed contractor licence your application will be assessed and if approved, you will be restricted to making a building compliance declaration for class 3 and 9c buildings only.
Note: Building practitioner – general registration in this class allows you to do work covered under the low-rise and medium-rise conditions below.
- building practitioner – general
- building practitioner – general (low-rise)
- building practitioner – general (medium-rise).
Low-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) that has a maximum gross floor of no more than 2,000 m2 but does not include a building that is a Type A or Type B construction.
Medium-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) limited to:
- a maximum of 3 storeys; or
- a maximum of 4 storeys (where the ground level or first storey is classified as a class 7a building carpark).
Medium-rise buildings do not include buildings that are a Type A construction in relation to class 4, 5, 6, 7b and 8 buildings.
A ‘building practitioner – body corporate’ is a corporation that must register as a building practitioner if it agrees to do building work under a contract or other arrangement, or they are the principal contractor for the work, where there are multiple people who have agreed to do the work.
A body corporate is a corporation or an incorporated association. It cannot be a Trust.
A body corporate is authorised to make a building compliance declaration and lodge documents on the NSW Planning Portal provided it has registered as a building practitioner - body corporate and it has a nominated individual who holds registration as a building practitioner - nominee or building practitioner - general. If the body corporate's nominated building practitioner is in a restricted class (for example, low-rise or medium-rise), then the body corporate is also restricted to making declarations and lodging documents for building work authorised by the same class.
A 'building practitioner - body corporate nominee' - is a building practitioner that has been nominated by the body corporate to prepare documents and make declarations on behalf of a registered body corporate. Registration in this class allows you to do work on any class 2, 3 and 9c building, as well as the work covered under the low-rise and medium-rise conditions below:
- building practitioner – body corporate nominee
- building practitioner – body corporate nominee (low-rise)
- building practitioner – body corporate nominee (medium-rise).
You must hold a supervisor certificate authorising you to do general building work issued under the Home Building Act 1989 or satisfy the qualification requirements to hold a supervisor certificate under the Home Building Act 1989.
A building practitioner can be the nominee for more than one body corporate at a time provided they can manage the workload responsibly.
A building practitioner cannot make a declaration and lodge documents on behalf of the body corporate until:
- the registered body corporate holds a 'building practitioner - body corporate' class of registration, and
- the registered body corporate has nominated the registered building practitioner.
Low-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) that has a maximum gross floor of no more than 2,000 m2 but does not include a building that is a Type A or Type B construction.
Medium-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) limited to:
- a maximum of 3 storeys; or
- a maximum of 4 storeys (where the ground level or first storey is classified as a class 7a building carpark).
Medium-rise buildings do not include buildings that are a Type A construction in relation to class 4, 5, 6, 7b and 8 buildings.
Key resources
Forms
The contractor document includes important information about who has completed building work on a project. The Building Practitioner must complete this form and lodge the form on the NSW Planning Portal at the same time as the building compliance declaration.
Note: This form is available as both a PDF and a .xlsx template. Use the .xlsx template if you require more space for additional information.
The Principal Compliance Declaration is only required if there is a principal design practitioner. It confirms that all the design compliance declarations related to the project have been completed by a registered design practitioner with the relevant authority.
Design practitioners do not need to sign off variations that do not relate to a building element or performance solution. The building practitioner, however, must still record these in a variation statement.
Note: This form is available as both a PDF and a .xlsx template. Use the .xlsx template if you need more space for additional information.
The variation statement must be provided for variations to regulated designs made after building work commences (other than variations to building elements or performance solutions). The building practitioner must complete this form and lodge it on the NSW Planning Portal before an application is made for an occupation certificate.
- This form cannot be used for variations to building elements or performance solutions as this requires a new regulated design to be prepared and lodged with a new design compliance declaration form.
NSW Planning Portal online training and information
If you would like help with using the NSW Planning Portal, online training sessions are available.
Contact us
For questions related to the requirements under the Design and Building Practitioner scheme, contact Building Commission NSW on 13 27 00.
You can also contact Service NSW to ask a question, report an issue or give feedback.
For questions related to lodging documents on the NSW Planning Portal:
- Phone: 1300 305 695
- Submit an enquiry via a webform
- Email: information@planning.nsw.gov.au