The DBPA Compliance Checklist Every NSW Design Practitioner Needs

The Design and Building Practitioners Act 2020 (DBPA) created a raft of obligations for design practitioners working on Class 2 buildings in NSW. The problem isn't that the requirements are unreasonable — it's that they're spread across multiple pieces of legislation and most practitioners have never seen them assembled in one place.

This is that place. Below is every major obligation, in plain English, organised by category.

Registration

• Individual registration — You must be registered as a design practitioner with NSW Fair Trading for the class(es) of work you perform (structural, fire safety, waterproofing, etc.).
• Body corporate registration — If you practise through a Pty Ltd, the company must also hold a body corporate design practitioner registration. This is separate from your individual registration.
• Class of registration matches work — Your registration must cover the specific class of design work you're declaring on. A structural engineering registration doesn't cover waterproofing design.
• Registration current at time of design — You must have been registered at the time the design was prepared and the declaration signed. A retrospective registration doesn't cure a gap.

Professional Indemnity Insurance

• PI insurance is a registration condition — You must hold professional indemnity insurance that covers the design work you perform.
• Cover must be adequate — The policy must cover the types of work you're registered for and the scale of projects you undertake.
• Continuous cover — PI insurance must be maintained continuously. A lapse — even a short one — is a non-compliance issue.
• Evidence available on request — You must be able to produce your certificate of currency if the Building Commission asks for it.

Design Compliance Declarations (DCDs)

DCD Part 1 — Design Details

• Complete drawing schedule listing every drawing that forms the regulated design
• Each drawing identified by title, drawing number, and revision
• Drawing details must match the actual title blocks on the drawings
• Practitioner details (name, registration number, company if applicable)
• Signed and dated by the registered design practitioner

DCD Part 2 — Performance Requirements

• All applicable performance requirements of the NCC identified
• For each performance requirement, a statement of how the design achieves compliance
• Where a Performance Solution is used, reference to the supporting documentation

Lodgement

• DCDs must be lodged on the NSW Planning Portal before building work commences for that element
• If the design changes, an amended DCD must be prepared and lodged
• The building practitioner must receive a copy of the DCD

Complying Industry Regulated Designs (CIRDs)

• Sufficient detail — Designs must contain enough information for a competent builder to construct the building element without additional input from the designer
• Products specified — Not just "apply membrane" but the specific product, system, and application method
• Critical details shown — Falls to drain, penetration treatments, movement joints, termination details, interfaces between trades
• Cross-discipline coordination — Your design must account for interfaces with other disciplines (structural, fire, facade, waterproofing)
• Title block complete — Drawing title, number, revision, date, practitioner name and registration number
• Calculations available — Supporting calculations must exist and be producible on request

Record-Keeping

• Keep records for 10 years — The DBPA requires design practitioners to keep records of all regulated designs and declarations for a minimum of 10 years.
• Records must be retrievable — It's not enough to have the files somewhere. You must be able to produce them within a reasonable timeframe if the Commission requests them.
• What to keep:
  • All versions of regulated designs (not just the final)
  • Signed DCDs (Parts 1 and 2)
  • Supporting calculations and analysis
  • Correspondence relating to design decisions
  • Evidence of Portal lodgement
  • Variation or amended declarations

Continuing Professional Development (CPD)

• CPD is a registration condition — You must undertake CPD relevant to your class of registration.
• Log with evidence — Maintain a log of CPD activities with dates, topics, providers, and hours. Certificates of attendance or completion should be kept.
• Producible on request — The Commission can ask for your CPD records at any time as part of an audit or registration review.

Duty to Report

• Serious defects — If you become aware of a serious defect in a Class 2 building that you've designed, you have a duty to report it.
• Changes to registration status — If your registration conditions change, or you're subject to disciplinary action, this must be disclosed.

Penalties at a Glance

Use This as Your Starting Point

This article gives you the overview. For a structured, item-by-item self-assessment, use our free audit tool — it breaks all of this down into 38 specific checkpoints with traffic-light scoring and evidence tracking.