Every regulated design on a Class 2, 3, or 9c building in NSW follows the same path: register → design → declare → lodge → build → certify. This interactive guide walks you through each obligation step by step. Click any step to expand the detail.

Key Dates

1 July 2021
DBP Act commences
Class 2 buildings
3 July 2023
Extended to new
Class 3 & 9c buildings
1 July 2026
Alterations to existing
Class 3 & 9c buildings

The Regulated Design Process

From registration through to occupation certificate — here is every obligation in sequence.

1

Register as a Design Practitioner

Pre-Requisite

Register under the relevant category in Schedule 1 of the DBP Regulation. Only the person who will sign declarations and lodge documents needs to register — not the entire design team.

Projects typically require multiple practitioners with different specialties. Each practitioner must understand the scope of work authorised by their registration category.

Key point: Unregistered team members can prepare designs under supervision, but only a registered practitioner can sign the compliance declaration.
2

Prepare Regulated Designs

Design Phase

Prepare construction-issued designs (not preliminary or draft) for applicable building elements:

  • Structure
  • Fire safety systems
  • Waterproofing
  • Building enclosure / facade
  • Mechanical, electrical, hydraulic services
  • Vertical transportation (lifts, escalators)
Construction-issued means the design contains sufficient detail for the building work to be carried out and is compliant with the Building Code of Australia (DBP Regulation clause 3A).
3

Sign Compliance Declaration

Declaration

Each regulated design requires a separate compliance declaration confirming the design:

  • Meets the Building Code of Australia
  • Integrates with other practitioners' designs on the project

All declared designs must include the mandatory title block (NSW provides DWG and PDF templates).

Forms: Single regulated design form, vertical transportation form, or principal compliance declaration (for complex projects with a principal practitioner appointed).

Is a Principal Design Practitioner appointed?

Yes — Complex Projects
PDP

Principal Practitioner Coordinates

Collects and coordinates declarations from all registered practitioners. Lodges a Principal Compliance Declaration providing an additional verification checkpoint.

Cannot be appointed as Principal: Building Design (low/medium-rise), Drainage (restricted), or Vertical Transportation practitioners.
No — Standard Projects
DIR

Direct Lodgment

The building practitioner (or an appropriate practitioner on the same project) lodges designs and declarations directly on the NSW Planning Portal.

4

Lodge on NSW Planning Portal

Lodgment

Before construction starts, lodge the following on the NSW Planning Portal:

  • Construction-issued regulated designs
  • Design compliance declarations for each design
  • Ground installation right documents (if anchors encroach)
  • Principal compliance declaration (if appointed)
Ground anchors: Structural or geotechnical practitioners must provide regulated designs for shoring, underpinning, or anchoring work. For encroaching anchors, obtain easements/licenses, road consent (Roads Act 1993), and destressing/removal documentation.
5

14-Day Notice → Construction Begins

Construction

The building practitioner must give the principal practitioner 14 days' written notice before work starts.

After lodgment, the Building Commission NSW may conduct proactive or reactive inspections and reviews of lodged designs. Design practitioners are not notified when their designs are lodged.

Variation during construction?

Yes — Building Element / PS
VAR

New Design + Declaration Required

Any variation involving a building element or performance solution requires a new regulated design and compliance declaration.

Lodge within 1 day of the variation occurring. Varied work pauses until lodged.

Documents required: Varied regulated design copy, new regulated design copy (if new element/PS), and compliance declarations for each.
No — Non-Regulated Variation
N/R

Variation Statement Only

Variations unrelated to building elements or performance solutions require the building practitioner to note the variation in a variation statement. No design practitioner sign-off is needed.

6

Occupation Certificate

Completion

The person applying for the occupation certificate must notify the building practitioner at least 14 days before the application.

The building practitioner then lodges a Building Compliance Declaration on the NSW Planning Portal confirming that the work matches the approved designs.

Important: Only building practitioners can make and lodge building compliance declarations. Design practitioners cannot issue this final declaration.

Practitioner Roles

Four distinct roles operate within the regulated design framework. Each has specific authorities and limitations.

Building Practitioner

Lodges designs on the Portal. Makes the Building Compliance Declaration for occupation. The only role that can issue the final compliance declaration.

Lodgment + Final Declaration

Design Practitioner

Prepares regulated designs and signs individual compliance declarations. Registers under a specific category (architectural, engineering, building design, fire systems).

Design + Individual Declarations

Principal Design Practitioner

Optional coordination role for complex projects. Collects declarations from all practitioners and provides an additional compliance verification checkpoint.

Coordination — Optional

Appropriate Practitioner

A registered design or principal practitioner on the same project who can lodge documents on the building practitioner's behalf. Cannot make building compliance declarations.

Delegated Lodgment

Engineering Specialisations

Design practitioners registered in these engineering categories can prepare and declare regulated designs within their scope:

Structural
Civil
Facade
Geotechnical
Fire Safety
Electrical
Mechanical
Hydraulic
Plumbing
Drainage
Vertical Transport
Detection & Alarm
Fire Sprinkler
Hydrant & Hose Reel
Mechanical Smoke Control

Is a Regulated Design Required?

Not every design on a Class 2+ building is a regulated design. Use this decision tree to determine whether your work requires a compliance declaration.

Is it a Class 2, 3, or 9c building?
YES
NO
Not regulated under DBP Act
Does it involve a building element or performance solution?
YES
NO
Not a regulated design
Is the work excluded?
NO EXCLUSION APPLIES
Regulated Design + Compliance Declaration Required
EXCLUDED IF:
  • Under $5,000 (labour + materials)
  • Exempt development (EP&A Act)
  • Non-load-bearing maintenance
  • Non-structural fitout
  • Awnings / canopies / roofed structures
  • HomeBuilder grant work
  • Council or development control orders

How Does This Affect Your Practice?

Every step in this flowchart is an audit checkpoint. The Building Commission reviews your lodged designs, declarations, and variations. Our 38-item self-audit covers every obligation shown above — so you know you're compliant before they check.

Check Your Compliance in 10 Minutes

Run through the same checklist the Building Commission uses. Free, no sign-up, your data stays local.

Start Your Self-Audit