NSW Design and Building Practitioners Act: A Game Changer for Apartment Buyers

The Design and Building Practitioners Act 2020 (NSW) was the most significant overhaul of building accountability in a generation. It came in direct response to the Opal Tower and Mascot Towers crises, and it took effect in stages from July 2021.

Three things make the DBP Act unusually powerful for apartment owners. First, it creates a statutory duty of care owed by anyone carrying out construction work to all owners, including future owners. Second, it requires the registration of designers, principal designers, and engineers, plus declared design certification before construction. Third, it gives the NSW Building Commissioner expanded powers to investigate, stop work, and issue orders.

The Act applies primarily to class 2 buildings, apartment buildings, and the NSW Government has signalled expansion to other building classes over time. For apartment buyers in NSW, the DBP Act means that defects in newly constructed buildings now have a clearer accountability trail than they did under the old system, with longer limitation periods for action.

If you are buying into a new NSW apartment building, ask whether the design and construction were certified under the DBP Act regime, and whether the building was assessed under the iCIRT rating system.