Design and Building Practitioners Regulation 2021 (NSW)
Cl 13(3A) of this Regulation (cl 13(3A) repeals cl 13(1)(n) (3A) and (4), definition of
This Regulation is the Design and Building Practitioners Regulation 2021.
This Regulation commences on 1 July 2021 and is required to be published on the NSW legislation website.
The Dictionary to this Regulation defines certain terms used in this Regulation.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
In this Regulation,
(a) contains the necessary detail to produce building work that would achieve compliance with the Building Code of Australia, and
(b) can be used by a building practitioner to carry out the work in accordance with the regulated design and the Building Code of Australia.
In subclause (1)(a), the necessary detail includes—
(a) the proposed dimensions of the completed building, and
(b) the characteristics and materials comprising the proposed building, and
(c) the location of the building elements and systems proposed to be built.
However, a reference in subclause (2)(a) or (b) to a building is, in relation to a construction issued regulated design for building work carried out under more than 1 construction certificate, a reference to a part of the building to which the construction certificate relates.
See the Act, section 4(3), which provides that a reference to a building includes a reference to part of a building.
In addition to subclauses (1)(a) and (2), a construction issued regulated design for building work carried out under more than 1 construction certificate must, as far as reasonably practicable, integrate details of other aspects of the building work to which the design relates.
For the Act, section 6(1)(f), the aspects of a vertical transportation product that are required to achieve compliance with the Building Code of Australia are prescribed.
This Division applies to a regulated design for which a compliance declaration is required to be provided under the Act and this Regulation.
Section 5(3) of the Act provides that the Minister may, by order, specify particulars that are additional to those prescribed by this Regulation for regulated designs.
For the purposes of section 5(2) of the Act, a regulated design that is prepared for a performance solution for building work, including a building element, must be in the form of a report that includes the following—
(a) relevant plans that show, or specifications that describe, the physical elements of the performance solution, if any,
(b) a description and justification of the performance solution, including—
(i) the acceptance criteria and parameters on which the justification is based, and
(ii) a description of the physical elements of the performance solution, and
(iii) restrictions or conditions of the performance solution, and
(iv) a copy of the brief on which the justification of the performance solution is based,
(c) a statement that the performance solution complies with the relevant performance requirements of the Building Code of Australia,
(d) information that identifies the deemed-to-satisfy provisions of the Building Code of Australia being varied, where relevant.
A report for a regulated design that is prepared for a performance solution must comply with the applicable evidence requirements for the design specified in the Building Code of Australia, Volume 1, A2G2.
In this clause—
For the purposes of section 5(2) of the Act, a fire resisting regulated design must include information, whether written, in the form of a drawing or otherwise, that explains how a fire-resistance level will be achieved and maintained in circumstances where a penetration to a building element occurs—
(a) during the installation or maintenance of services in relation to building work, or
(b) at another time during the building work.
The Building Code of Australia specifies requirements for when a service that penetrates a building element must have a particular fire-resistance level, and other requirements for service penetrations.
In this clause—
(a) a building element that is required to have a fire-resistance level under the Building Code of Australia, or
(b) a floor or ceiling that is required to have resistance to the incipient spread of fire under the Building Code of Australia.
For the purposes of section 5(2) of the Act, a regulated design for building work relating to the integration of a vertical transportation product in a building to which the building work relates must include the registration number of the product if the product is used, or is proposed to be used, in a workplace.
The Work Health and Safety Act 2011, section 42, provides that the design of a vertical transportation product that is used in a workplace must be authorised in accordance with the Work Health and Safety Regulation 2017.
In this clause—
For the purposes of section 8(1)(b) of the Act, it is an applicable requirement that a regulated design must, as far as is reasonably practicable, integrate details of the following—
(a) other aspects of building work to which the design relates,
(b) other regulated designs for the work, including designs prepared by other registered design practitioners for building work.
For the purposes of section 8(1)(d) of the Act, a design compliance declaration must include the following matters—
(a) whether or not any building product referred to in the design would, if used in a way that is consistent with the design, achieve compliance with the Building Code of Australia,
(b) whether or not the design to which the compliance declaration relates involves a performance solution,
(c) whether or not the design accords with relevant elements of guidance material for regulated designs that have been approved by the Secretary and published on a website of the Department,
(d) whether or not specialist advice was sought and considered in preparing the design,
(e) for a registered design practitioner in the class of design practitioner—vertical transportation—
(i) whether or not the design appropriately integrates a vertical transportation product in accordance with the product’s authorisation under the Work Health and Safety Act 2011, section 42, and
(ii) if the design does not appropriately integrate the vertical transportation product—whether or not the practitioner has advised the designer of the product, within the meaning of the Work Health and Safety Act 2011, section 22, of that fact, and
(iii) whether or not the integration of the vertical transportation product in the design for building work achieves compliance with the requirements of AS 1735, Lifts, Escalators, and Moving Walks, as in force from time to time.
In this clause—
For the purposes of section 107(5) of the Act, a registered principal design practitioner is exempt from the requirement to include the matters referred to in section 8(2)(a) and (b) of the Act in a principal compliance declaration if—
(a) the practitioner is providing the compliance declaration in accordance with clause 21(a), and
(b) the principal compliance declaration includes the following matters—
(i) whether or not a design compliance declaration has been provided in accordance with the Act for each construction issued regulated design prepared for the building work,
(ii) whether or not each design compliance declaration for the designs referred to in subparagraph (i) has been provided by a registered design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates.
For the purposes of section 8(1) of the Act, a design compliance declaration must be made in 1 of the following forms—
(a) a form approved by the Secretary and published on a website of the Department,
(b) a form specified on the NSW planning portal.
For the purposes of section 8(2) of the Act, a principal compliance declaration must be made in the form specified on the NSW planning portal.
For the purposes of section 8(3) of the Act, a building compliance declaration must be made in the form specified on the NSW planning portal.
For the Act, section 4(1), definition of
(a) a class 2 building, or
(b) a class 3 building, other than temporary accommodation facilities, or
(c) a class 9c building.
The Act and this Regulation apply to a mixed-use building comprising class 2, class 5 and class 6 buildings, including the building’s class 5 and class 6 building parts.
In this clause—
(a) a class 3 building that is part of a class 9a or 9b building, if the class 3 building comprises less than 10% of the gross floor area of the entire building, or
(b) a building that is or includes hotel or motel accommodation if no part of the building—
(i) contains serviced apartments, or
(ii) is the subject of a residential strata scheme under the Strata Schemes Management Act 2015.
For the purposes of section 4(1) and (2)(b) of the Act, the following work is excluded from being building work—
(a) work that is carried out as exempt development, other than waterproofing,
(b) work that is waterproofing, but only if—
(i) the work is carried out as a result of alterations to a bathroom, kitchen, laundry or toilet, and
(ii) the alterations are carried out as exempt development, and
(iii) the work, including the agreement to carry out the work, relates only to a single dwelling,
(c) work that is carried out in compliance with an order given by a council for the purposes of the Local Government Act 1993, section 124,
(d) work that is carried out in compliance with a development control order under the Environmental Planning and Assessment Act 1979, Division 9.3,
(e) work that is exempted from a provision of the Building Code of Australia under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, section 74, 111 or 117,
(f) work that is the repair, renovation or protective treatment of a fire safety system for the purposes of maintaining a component of the fire safety system, except a load-bearing component that is essential to the stability of a building,
(g) work that is the repair, renovation or protective treatment of a building, but only if—
(i) the work involves a mechanical, plumbing or electrical service, and
(ii) the work is carried out for the purposes of maintaining a component of a system in the building,
(h) work that is excluded from being residential building work in the Home Building Act 1989, Schedule 1, clause 2(3)(a), as if a reference to residential building work in that Act is a reference to building work,
(i) work that is carried out under a contract for which a party to the contract received a grant under the HomeBuilder Grant scheme for the work,
(j) electrical or plumbing work that is a performance solution for building work, other than work for a building element, but only for the purposes of section 5(1)(b) of the Act,
(k) work that is the fit-out of part of a building, but only—
(i) if the part of the building is a class 5, 6, 9a or 9b building part or will be a class 5, 6, 9a or 9b building part as a result of a change of building use connected with the work, and
(ii) if the work is the subject of a development consent that primarily relates to the fit-out, and
(iii) to the extent the work does not relate to a structural component of the building,
(l) work to install the following, but only if the work is the subject of a development consent that primarily relates to the installation—
(i) an awning, blind or canopy over a window or door,
(ii) a roofed structure over a balcony, deck, patio or terrace, whether open or enclosed, unless the roofed structure is installed above the existing topmost roof of the building,
(m) work that—
(i) is the subject of a development consent that primarily relates to the work, and
(ii) is not—
(A) work for a building element for building work, or
(B) work for a performance solution for building work, including a building element,
(n) the following work in relation to a designated class 3 or 9c building—
(i) the making of alterations or additions to the building,
(ii) the repair, renovation or protective treatment of the building.
The work referred to in subclause (1)(c) and (d) is not excluded from being building work if the order to which the work relates is for the purposes of repairing, rectifying or replacing the external cladding of a building.
The work referred to in subclause (1)(f) is not excluded from being building work if—
(a) the maintenance is carried out on a component of a fire safety system, and
(b) the maintenance comprises the replacement of the component, and
(c) that component is an entire system.
If a fire safety system is comprised of components, including a mechanical ducted smoke control system and fire rated doors, the replacement of the mechanical ducted system component is not excluded from being building work because that work would constitute the replacement of a component that is an entire system.
This subclause, subclause (1)(n) and (4), definition
In this clause—
(a) the building, or a part of the building, is a class 3 or 9c building,
(b) no part of the building is a class 2 building.
For the Act, section 31(2)(b), engineering work is not professional engineering work unless the work is carried out directly in relation to the design or construction of a building, or part of a building, that is—
(a) a class 2 building, or
(b) a class 3 building, or
(c) a class 9c building.
The Act and this Regulation apply to a mixed-use building comprising class 2, class 5 and class 6 buildings, including the building’s class 5 and class 6 building parts.
In this clause—
(a) the making of alterations or additions to a building, and
(b) the repair, renovation or protective treatment of a building.
Geotechnical engineering is prescribed for the purposes of section 32(3) of the Act, definition of
For the Act, section 107(2)(e), a building practitioner must do the following—
(a) if more than 1 construction certificate is to be issued for building work—before commencing building work relating to a construction certificate, provide the required documents for the building work to which the construction certificate relates to the Secretary in the approved way,
(b) otherwise—provide the required documents to the Secretary in the approved way before commencing building work.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) for an individual—100 penalty units.
A registered building practitioner satisfies the practitioner’s obligation to provide the required documents if—
(a) the practitioner gives written authorisation for the required documents to be provided on the practitioner’s behalf by an appropriate practitioner in connection with the building work, and
(b) the appropriate practitioner who is authorised provides the required documents to the Secretary in accordance with this clause.
In this clause—
(a) if a registered principal design practitioner is appointed for the building work—the registered principal design practitioner, or
(b) the registered design practitioner for the building work.
(a) copies of the construction issued regulated designs for the building work,
(b) copies of the design compliance declarations, made by a suitably authorised registered design practitioner, for each of the construction issued regulated designs,
(c) if a registered principal design practitioner is appointed for the building work—a principal compliance declaration, made by a suitably authorised registered principal design practitioner, for the construction issued regulated designs.
For the purposes of section 107(2)(e) of the Act, a building practitioner must provide the following documents to the Secretary in the approved way no later than 1 day after commencing a variation to building work—
(a) a copy of each design compliance declaration given under section 9(3)(b) of the Act for a varied regulated design,
(b) a copy of the varied regulated design,
(c) a copy of each design compliance declaration obtained under section 20(3) of the Act for a new building element or performance solution,
(d) a copy of the regulated design for the new building element or performance solution.
Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.
It is a defence to a prosecution for an offence under subclause (1) if the defendant satisfies the court that the defendant had a reasonable excuse for the alleged failure to provide the documents.
A registered building practitioner satisfies the practitioner’s obligation to provide documents under this clause if—
(a) the practitioner gives written authorisation for the documents to be provided on the practitioner’s behalf by an appropriate practitioner in connection with the building work, and
(b) the appropriate practitioner who is authorised provides the documents to the Secretary in accordance with this clause.
In this clause—
(a) if a registered principal design practitioner is appointed for the building work—the registered principal design practitioner, or
(b) the registered design practitioner for the building work.
For the purposes of section 17(2) of the Act, a building practitioner for building work must provide a building compliance declaration, contractor document and other required documents to the Secretary, in the approved way, in the following circumstances—
(a) before an application is made for an occupation certificate for a building to which the building work relates,
(b) if the application is refused because of an instance of non-compliance—before a subsequent application for an occupation certificate is made for the applicable part of the building.
Section 27 of the Act provides that a principal certifier who is responsible for issuing an occupation certificate for building work must consider instances of non-compliance specified in the compliance declarations provided to the certifier when deciding whether to issue the certificate.
For the purposes of section 17(6) of the Act, definition of
(a) a copy of each variation statement that is required for building work,
(b) a copy of each regulated design that contains additional details not reflected in the construction issued regulated design required to be provided to the Secretary under clause 16, but only if the additional details do not cause the building work to which the design relates to be varied,
(c) if a principal design practitioner is appointed for building work—the principal compliance declaration for all regulated designs from a registered principal design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates.
(d) a copy of the fire safety certificate given to the building practitioner under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, section 85.
For the purposes of section 15(2) of the Act, a building practitioner who does building work must provide the Secretary with the relevant documents in the approved way.
For the purposes of the Act, section 107(5), a building practitioner is exempt from the requirement referred to in the Act, section 15(1) to ensure that a relevant document is provided to the Secretary if—
(a) the relevant document has already been provided to the Secretary in accordance with clauses 16–18 and the document—
(i) has not been modified since it was last provided to the Secretary, and
(ii) is not required to be modified from when it was last provided to the Secretary, and
(b) the building practitioner gives written notice to the Secretary of the matters set out in paragraph (a).
This clause applies to building work that does not require an occupation certificate.
A building practitioner is taken to comply with clause 16 if, before commencing the building work—
(a) the building practitioner provides regulated designs and compliance declarations relating to a portion of the work (
building work increment ) to the Secretary, and(b) the regulated designs and compliance declarations otherwise comply with clause 16, and
(c) the only building work carried out relates to the building work increment.
A registered building practitioner must provide the following documents to the Secretary, in the approved way, within 7 days of completing the building work—
(a) a building compliance declaration for the building work,
(b) contractor document,
(c) other required documents.
The registered building practitioner must also, within 7 days of completing the building work, provide the documents specified in subclause (2) to a person for whom the practitioner did the building work.
In this clause—
For the purposes of section 107(2)(d) of the Act, a person must not provide any documents referred to in this Division to the Secretary unless—
(a) the person is a registered design practitioner, registered principal design practitioner or registered building practitioner, and
(b) the person’s registration authorises the person to provide the documents to the Secretary in accordance with this Division.
Maximum penalty—200 penalty units in the case of a body corporate or 100 penalty units in the case of an individual.
For the purposes of section 12(2) of the Act, a registered principal design practitioner appointed in relation to building work must provide a principal compliance declaration to the registered building practitioner for the building work—
(a) for all of the construction issued regulated designs for building work—before the date specified in the notice given by a registered building practitioner for the work under clause 23, and
(b) for all of the regulated designs for building work other than construction issued regulated designs—before the date specified in the notice given by a registered building practitioner for the work under clause 24.
For the purposes of section 107(5) of the Act, a registered principal design practitioner appointed in relation to building work must comply with the requirements for work set out in section 12(1) of the Act only in circumstances where the practitioner is required to provide a principal compliance declaration to another person under the Act and this Regulation.
For the purposes of section 107(2)(f) of the Act, a registered building practitioner in relation to building work must, at least 14 days before the building work commences, give written notice to a registered principal design practitioner appointed in relation to the work of the date on which the work is proposed to commence.
Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.
For the purposes of section 107(2)(f) of the Act, a registered building practitioner must, at least 14 days before making a building compliance declaration in relation to building work, give written notice to a registered principal design practitioner appointed in relation to the work of the date on which the building practitioner proposes to make the declaration.
Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.
For the purposes of section 16(3) of the Act—
(a) the notice under section 16(1) of the Act must be given at least 14 days before the application for an occupation certificate is made, and
(b) the notice under section 16(2) of the Act must be given within 7 days after the application for an occupation certificate is made.
If a person who is required to give notice under section 16(1) or (2) of the Act is a registered building practitioner who did building work on a building that is the subject of an application for an occupation certificate, the person is to give the notice to any other registered building practitioner who did work on the building.
For the purposes of section 17(2) of the Act, a registered building practitioner who carries out building work must provide a building compliance declaration, contractor document and other required documents to the Secretary in the approved way no later than 90 days after the occupation certificate is issued for a building to which the work relates.
Subclause (1) applies only if the contractor document or other required documents are modified after the documents are first provided to the Secretary under Division 1.
For the purposes of section 20(1) of the Act, if building work, other than in relation to a building element or performance solution, is varied from a regulated design for the work after the commencement of the work, the building practitioner must record the following information in a document (a
(a) the type and purpose of the variation,
(b) the part of the building to which the variation relates,
(c) an explanation of how the variation meets the requirements of the Building Code of Australia, including a list of the applicable provisions of the Code,
(d) a list of the other standards or codes that have been applied in carrying out the work to which the variation relates.
For the purposes of section 20(2)(b) and (3)(b) of the Act, a registered design practitioner may have access to the documents referred to in that section by—
(a) inspecting the documents at a specified place and time in accordance with subclause (2), or
(b) obtaining copies of the documents from the NSW planning portal.
For the purposes of subclause (1)(a)—
(a) the building practitioner must give written notice to the registered design practitioner requesting the design practitioner to attend at a specified place and time to access the documents, and
(b) the place and time at which the design practitioner may be requested to attend is to be a place and time nominated by the building practitioner that is reasonable in the circumstances.
In this Division—
ground anchor is defined as “A tensile reinforcement, wire or bar, and its associated components that transmit force into soil or rock through bond over part of its length”.
(a) for neighbouring land that is a public road—a consent under the Roads Act 1993, section 139 from the appropriate roads authority that permits the installation of a ground anchor on neighbouring land, or
(b) otherwise—a document that permits the installation of a ground anchor on neighbouring land and shows the proposed location of the anchor, including—
(i) a registered easement, or
(ii) a licence agreement, or
(iii) a deed.
(a) a permanent anchorage in the ground, and
(b) a removable reinforcement tendon which may be removed after the anchor is no longer required.
For the purposes of the Act, section 107(2)(d), a building practitioner must give the Secretary a ground anchor installation right document if the practitioner proposes to carry out building work involving an encroaching ground anchor.
If the ground anchor is a temporary encroaching ground anchor the building practitioner must also give the Secretary a document detailing—
(a) the process for destressing the temporary encroaching ground anchor, and
(b) the time the destressing will occur.
If the ground anchor is a removable encroaching ground anchor the building practitioner must also give the Secretary a document detailing—
(a) the process for the removal of the removable reinforcement tendon, and
(b) the time the removal will occur.
The documents must be given—
(a) before the building work commences, and
(b) in the approved way.
Maximum penalty for subclauses (1)–(3)—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
For the purposes of the Act, section 107(2)(d), a building practitioner for building work involving a temporary encroaching ground anchor must provide evidence to the Secretary that the ground anchor has been destressed—
(a) for development that does not require an occupation certificate—before the development is completed, or
(b) otherwise—before applying for the final occupation certificate for the development.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
For the purposes of the Act, section 107(2)(d), a building practitioner for building work involving a removable encroaching ground anchor must provide evidence to the Secretary that the removable reinforcement tendon has been removed—
(a) for development that does not require an occupation certificate—before the development is completed, or
(b) otherwise—before applying for the final occupation certificate for the development.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
In this Division—
(a) on the NSW planning portal, or
(b) on a website of the Department.
(a) lodgment on the NSW planning portal, or
(b) if a building practitioner is unable to access the NSW planning portal to lodge a copy of a design for technical or other reasons—provision of the design to the Secretary.
(a) a complying development certificate,
(b) a construction certificate,
(c) a development application,
(d) an occupation certificate.
This Division applies to class 3 or 9c building work, other than building work in relation to a mixed-use building that contains a class 2 building part.
Temporary accommodation facilities are not prescribed as building work under clause 12.
This clause applies to regulated building work if—
(a) the regulated building work is authorised to be carried out by a construction certificate or a complying development certificate, and
(b) some of the regulated building work authorised to be carried out by the certificate has commenced before 3 July 2023, and
(c) all the regulated building work authorised to be carried out by the certificate has not been completed by that day.
For the Act, section 107(5), the regulated building work or a design in relation to the regulated building work is exempt from the following requirements of the Act—
(a) provisions requiring regulated designs to be prepared for the regulated building work, including requirements for compliance declarations,
(b) provisions requiring a person to be registered to carry out the regulated building work,
(c) provisions requiring a building compliance declaration to be prepared for the regulated building work.
However, for the exemption under subclause (2) to apply, the building practitioner for the regulated building work must provide copies of all designs relied on to carry out the regulated building work—
(a) to the Secretary in the approved way, and
(b) before an application is made for an occupation certificate for a building to which the regulated building work relates.
For the Act, section 26, a principal certifier must not issue an occupation certificate for a building to which the regulated building work relates unless satisfied that all designs required to be provided to the Secretary under this clause have been provided.
This clause applies to a design for regulated building work if—
(a) the regulated building work is authorised to be carried out by a construction certificate or a complying development certificate, and
(b) the design was prepared before 3 July 2023, and
(c) the person who prepared the design is not eligible to be registered after 2 July 2023 in a class that would permit the person to provide a design compliance declaration for the design, and
(d) the regulated building work to which the design relates is commenced after 2 July 2023 but before 3 July 2024.
The design is taken to be a regulated design for which a design compliance declaration has been given if—
(a) a registered design practitioner—
(i) assesses whether or not the design complies with the requirements of the Building Code of Australia, and
(ii) issues a certificate in an approved form that the design does comply with the requirements, and
(b) a building practitioner does not carry out building work under the construction certificate or complying development certificate until copies of the design and certificate are provided to the Secretary, and
(c) the design is not varied on or after 3 July 2023.
This clause applies to relevant building work if—
(a) the relevant building work is carried out before 3 July 2023, and
(b) the relevant building project to which the work relates has not been completed by 3 July 2023.
For the Act, section 107(5), relevant building work, or a design in relation to the relevant building work is exempt from the following requirements of the Act—
(a) provisions requiring regulated designs to be prepared for the relevant building work, including requirements for compliance declarations,
(b) provisions requiring a person to be registered to carry out the relevant building work,
(c) provisions requiring a building compliance declaration to be prepared for the relevant building work.
However, an exemption under subclause (2) only applies if the building practitioner for the relevant building work provides copies of all designs relied on to carry out the relevant building work—
(a) to the Secretary in the approved way, and
(b) before the completion of the relevant building project to which the relevant building work relates.
This clause applies to a design for relevant building work if—
(a) the design was prepared before 3 July 2023, and
(b) the person who prepared the design is not eligible to be registered after 2 July 2023 in a class that would permit the person to provide a design compliance declaration for the design, and
(c) the relevant building work to which the design relates is commenced after 2 July 2023 but before 3 July 2024.
The design is taken to be a regulated design for which a design compliance declaration has been given if—
(a) a registered design practitioner—
(i) assesses whether or not the design complies with the requirements of the Building Code of Australia, and
(ii) issues a certificate in an approved form that the design does comply with the requirements, and
(b) a building practitioner does not carry out relevant building work to which the design relates until copies of the design and certificate are provided to the Secretary, and
(c) the design is not varied on or after 3 July 2023.
For the purposes of section 26(a) of the Act, a construction certificate or a complying development certificate for building work is prohibited from being issued unless the following documents are provided to the person who issues, or proposes to issue, the certificate—
(a) each design compliance declaration to which the building work relates that is required by the person in order to issue the certificate,
(b) for each design compliance declaration—each regulated design in relation to which the design compliance declaration is made.
This clause applies only if the application for the construction certificate or complying development certificate for the building work was made on or after 1 July 2021.
For the purposes of section 26(a) of the Act, an occupation certificate for building work is prohibited from being issued unless a building compliance declaration in relation to the building work has been provided to the person who issues, or proposes to issue, the occupation certificate.
This clause applies only if the application for the occupation certificate for the building work was made on or after 1 July 2021.
For the Act, sections 43(3) and 52A(2), the fees payable for an application to be registered as a practitioner, or to vary a registration that results in the registered practitioner being registered in an additional class, are set out in Schedule 7, Part 1, Column 4.
If a person applies for two or more classes of registration, or to vary a registration to add two or more additional classes to a registration, in relation to the same type of practitioner, in the same application, the fee payable is the fee for the class with the highest fee amount.
In this clause, each of the following is a
(a) design practitioner,
(b) principal design practitioner,
(c) professional engineer,
(d) building practitioner.
For the purposes of section 45(3)(g) of the Act, the Secretary must refuse to register a body corporate as a registered professional engineer.
For the purposes of section 45(5) of the Act, the Secretary is taken to have refused to grant registration as a practitioner to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.
In calculating a period for the purposes of subclause (1), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.
Subclause (1) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.
For the purposes of section 46(e) of the Act, the Secretary may form an opinion that a person is not a suitable person to carry out work for which the person is seeking registration or is registered in one or more of the following circumstances—
(a) the person has been convicted of a relevant offence within the previous 10 years,
(b) the person is not a fit and proper person to carry out the work,
(c) the Secretary has requested the applicant for registration to provide additional information necessary for the Secretary to determine the application and the applicant fails to provide the information within the reasonable time specified by the Secretary,
(d) the Secretary has required the applicant for registration or a close associate of the applicant to provide information or produce records under section 44 of the Act and the applicant or close associate fails to provide the information within the reasonable time specified by the Secretary,
(e), (f) (Repealed)
(f1) there is a condition on a relevant authorisation of the person,
(g) if the person is a body corporate—
(i) the body corporate becoming the subject of a winding up order or having a controller or administrator appointed, or
(ii) a ground referred to in section 46(a)–(d) of the Act occurs in relation to a director of the body corporate,
(h) if the person is applying for registration as a professional engineer by way of a pathway that relies on the person being recognised or registered as a professional engineer by a professional body of engineers—the person does not have adequate qualifications, knowledge or skills required for the carrying out of professional engineering work despite satisfying the requirements under that pathway.
In this clause—
(a) an offence in relation to the carrying out of work under a relevant authorisation, including an offence in relation to the carrying out of work without a relevant authorisation that is required for the work,
(b) an offence in relation to a failure to comply with a condition of registration or relevant authorisation,
(c) an offence involving fraud or dishonesty.
For the purposes of section 107(2)(a) of the Act, the Secretary may require an applicant for registration as a practitioner to have successfully completed recognised training.
Training is
(a) the training is recognised by the Secretary, and
(b) the training is conducted in accordance with conditions of the recognition.
A person may apply in writing to the Secretary for training to be recognised by the Secretary.
The Secretary may, by written notice, recognise the training or refuse to recognise the training.
The recognition may be unconditional or subject to conditions.
The Secretary may vary, suspend or revoke a recognition by written notice to the person.
Completion of recognised training under this clause does not replace the need for the applicant to have the qualifications, experience, knowledge and skills required by Schedule 2.
For the purposes of section 47(1) of the Act, an application for the restoration of registration must be made—
(a) within 3 months after the expiry of the registration, or
(b) within a further period determined by the Secretary on the application of the person seeking the restoration of the registration.
Without limiting subclause (1)(b), the Secretary may extend the period within which an application for restoration of registration may be made if the Secretary is satisfied that—
(a) for an applicant who failed to apply for renewal of the registration before the registration expired—the failure was due to inadvertence, or
(b) it is just and equitable to restore the registration.
The Secretary must refuse to restore a registration if the registration was surrendered or cancelled.
A certificate of registration restored at any time is taken to have been restored on and from the day on which the certificate of registration expired.
Subject to this clause, the Act continues to apply to an application for the restoration of a registration in the same way it applies to an application for registration.
The definition of
For the purposes of section 49(1)(a) of the Act, it is a condition of registration that a registered practitioner must surrender the registered practitioner’s certificate of registration, if in a form otherwise than electronic, to the Secretary within 14 days after receiving written notice from the Secretary of the following—
(a) a condition of registration being varied,
(b) a new condition of registration being imposed.
For the purposes of section 49(1)(a) of the Act, it is a condition of registration that a registered practitioner must continue to hold a class of registration or licence that was required to satisfy the qualification requirements for the class of registration under Schedule 2 in which the practitioner is registered.
For the purposes of section 49(1)(a) of the Act, it is a condition of registration of a body corporate registered in the design practitioner—body corporate or principal design practitioner—body corporate class that if the body corporate no longer has an employee who is registered in a particular class, the body corporate—
(a) must not do anything that relies on it having an employee who is registered in that class, and
(b) must, within 7 days, give written notice to the Secretary that it no longer has a employee who is registered in that class.
For the purposes of section 49(1)(a) of the Act, it is a condition of registration of a body corporate registered in the building practitioner—body corporate class that if the body corporate no longer has a nominee who is registered in the building practitioner—body corporate nominee, building practitioner—body corporate nominee (low rise), building practitioner—body corporate nominee (medium rise), building practitioner—general, building practitioner—general (low rise) or building practitioner—general (medium rise) class, the body corporate—
(a) must not do anything that relies on it being a registered building practitioner, and
(b) must, within 7 days, give written notice to the Secretary that it no longer has a nominee in that class.
For the purposes of section 50(2) of the Act, it is a condition of registration as a practitioner that the registered practitioner must comply with the code of practice—
(a) for a prescribed practitioner—set out in Schedule 4, Part 2, Division 1, or
(b) for a registered professional engineer—set out in Schedule 4, Part 2, Division 2.
For the purposes of section 50(3) of the Act, it is a condition of registration as a professional engineer who was registered under the Act, because the engineer was recognised or registered in either of the following circumstances, that the engineer continue to hold that recognition or registration while the engineer is registered under the Act—
(a) recognition or registration under a recognised engineering body’s recognition or registration scheme,
(b) recognition or registration by a professional body of engineers that operates with a professional standards scheme.
This clause does not apply if the engineer cannot continue to hold the recognition or registration because the body—
(a) no longer provides for the recognition or registration of professional engineers, or
(b) no longer operates with a professional standards scheme.
This Division applies to a person who—
(a) applies for, and is granted, registration as a design practitioner or renewal of registration as a design practitioner, and
(b) in the same application form, applies for registration as a principal design practitioner or renewal of registration as a principal design practitioner.
For the purposes of section 54(1) of the Act, a person to whom this Division applies is recognised as a registered principal design practitioner.
For the purposes of section 54(2)(g) of the Act, recognition as a registered principal design practitioner remains in force for same period as is specified by the Secretary in the notice by which registration as a design practitioner is granted, unless sooner cancelled.
For the purposes of section 54(1) of the Act, a provision under the Act or this Regulation that applies to a registered principal design practitioner, except as otherwise modified by this Division, extends to a registered principal design practitioner who is recognised under this Division.
(Repealed)
For the Act, section 52(1)(h), the registration of a body corporate that holds a building practitioner—body corporate class of registration may be varied, suspended or cancelled if the body corporate’s contractor licence authorising the holder to do general building work under the Home Building Act 1989 is suspended or cancelled.
(Repealed)
For the purposes of section 52(1)(h) of the Act, the Secretary may, by written notice given to a registered body corporate, suspend the registration of the body corporate in a class if the body corporate no longer has the minimum qualifications, knowledge and skills required to be registered in that class because—
(a) the body corporate does not have a least 1 employee registered in that class, or
(b) the body corporate is registered as a building practitioner—body corporate and it does not have a nominee.
For the purposes of section 64(h) of the Act, the Secretary may take disciplinary action against a registered practitioner on one or more of the following grounds—
(a) the registered practitioner has failed to comply with a direction under Part 7 of the Act,
(b) the registered practitioner has intentionally or recklessly misled or obstructed the Secretary or an authorised officer in the exercise of a function under the Act,
(c) the registered practitioner has provided a compliance declaration in a partial manner,
(d) the registered practitioner is not a fit and proper person to hold a registration.
For the purposes of section 51(3) of the Act, the Secretary may request information to be provided periodically or within a specified time after specified occurrences.
Without limiting the type of information that may be requested by the Secretary under section 51 of the Act, the Secretary may request a record required to be kept under Part 7 of this Regulation to be provided to the Secretary.
For the purposes of section 60(h) of the Act, a registered practitioner must give written notice to the Secretary of the following events within 7 days after becoming aware of the event—
(a) disciplinary proceedings being commenced against the practitioner in the person’s capacity as the holder or former holder of a relevant authorisation,
(b) (Repealed)
(b1) a condition is placed on a relevant authorisation of the practitioner,
(c) a relevant authorisation held by the practitioner being varied,
(d) (Repealed)
(e) if the practitioner is required to be covered by insurance—the practitioner no longer being covered by insurance,
(f) if the practitioner is a registered body corporate—
(i) a registered individual becoming an employee of the body corporate, or
(ii) a registered individual ceasing to be an employee of the body corporate,
(g) if the practitioner is required to hold a class of registration or licence that was necessary to satisfy the qualification requirements for the class of registration under Schedule 2 in which the practitioner is registered—the practitioner no longer holding that class of registration or licence.
If a professional body of engineers that operates with a professional standards scheme no longer provides for the recognition or registration of professional engineers in accordance with the requirements of the scheme, a professional engineer who was recognised or registered by the body is taken to continue to be registered under the Act (a
A prescribed engineer must continue to comply with the insurance and continuing professional development requirements that were imposed by the body, as if the body was continuing to operate in accordance with the professional standards scheme, until the date on which the registration is due to expire or be renewed.
A recognition or registration to which this clause applies remains in force for the remainder of the term of the recognition or registration, unless sooner suspended or cancelled by the Secretary.
For the purposes of sections 54(2)(c) and 55(2)(a)(v) of the Act, this Part sets out—
(a) the additional requirements that must be met by a professional body of engineers in order for the body to be recognised by the Secretary as a recognised engineering body, and
(b) the requirements that a professional body of engineers’ recognition or registration scheme must meet (a
recognition or registration scheme ), and(c) the application process that a professional body of engineers must follow in order to be recognised by the Secretary as a recognised engineering body.
A reference to a recognised engineering body, in relation to a body recognising or registering a professional engineer (the
A professional body of engineers must meet the following requirements before the body is able to register or recognise professional engineers—
(a) the body must require, assess and verify qualifications, experience, knowledge, skills and the continuing professional development of professional engineers in a prescribed area of engineering,
(b) the body must assess insurance requirements of professional engineers,
(c) for professional engineers who are recognised or registered as professional engineers by the recognised engineering body, the body must—
(i) ensure that a professional engineer complies with the requirements of the professional engineer’s recognition or registration, and
(ii) investigate possible failures by a professional engineer to comply with the requirements, and
(iii) exercise disciplinary functions where a failure to comply is found, including, if necessary, by suspending or cancelling a professional engineer’s recognition or registration under the recognition or registration scheme.
In this Division—
(a) registration as a registered practitioner, or
(b) a relevant authorisation.
(a) for a body corporate that is a corporation within the meaning of the Corporations Act 2001 of the Commonwealth—has the same meaning as in that Act, and
(b) for a body corporate that is not a corporation within the meaning of the Corporations Act 2001 of the Commonwealth—means a person, called by whatever name, who is concerned in or takes part in the management of the body corporate.
(a) an offence in relation to a failure to comply with—
(i) a condition of registration as a registered practitioner, or
(ii) a relevant authorisation, or
(iii) an equivalent authorisation under the law of another Australian jurisdiction,
(b) an offence involving fraud or dishonesty.
A body corporate may apply to the Secretary for a grant of recognition as a recognised engineering body.
The application must—
(a) be in a form approved by the Secretary, and
(b) set out the applicant’s recognition or registration scheme, and
(b1) be accompanied by the fee set out in Schedule 7, Part 1, Column 4, and
(c) include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application.
If the Secretary considers it necessary to do so, the Secretary may require further documents or information to be provided by the applicant to satisfy the Secretary of the matters set out in section 55(2) of the Act.
The Secretary may grant or refuse an application for recognition as a recognised engineering body.
The Secretary must give the applicant written notice within 28 business days of making a decision to grant or refuse recognition.
If the Secretary fails to give an applicant for recognition notice of a decision to grant or refuse recognition within 60 business days after the application is made, the Secretary is taken to have refused to grant recognition.
In calculating a period for the purposes of subclause (3), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.
Subclause (3) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.
Recognition remains in force for the period, not exceeding 5 years, specified by the Secretary in the notice by which recognition is granted, unless sooner cancelled.
For the purposes of the Act, section 55(3)(a), a recognised engineering body may apply to the Secretary for the renewal of recognition within 3 months before the expiry of the recognition.
The Secretary may accept an application for the renewal of recognition after the expiry of the recognition if, in the Secretary’s opinion, there are reasonable grounds to accept the application.
An application for renewal must—
(a) be in the form approved by the Secretary, and
(b) be accompanied by the fee set out in Schedule 7, Part 1, Column 4.
The Secretary must give the applicant written notice within 28 business days of making a decision to renew recognition.
The Secretary may refuse to renew recognition—
(a) if the recognition was suspended, or
(b) on a ground specified in clause 52B.
If an application for renewal of recognition is made under this clause, the recognition of the body does not expire until the Secretary provides the body written notice of the decision to grant or refuse the renewal of recognition.
For the purposes of the Act, section 55(3)(b), the Secretary may refuse an application for recognition as a recognised engineering body or an application for the renewal of recognition if—
(a) in the Secretary’s opinion, it is not in the public interest to approve the application, or
(b) in the Secretary’s opinion, the applicant does not exercise the functions of a professional body of engineers, or
(c) in the Secretary’s opinion, the applicant is not suitable to be recognised as a recognised engineering body, or
(d) the Secretary requested the applicant provide additional information necessary for the Secretary to decide the application, and the applicant failed to provide the information within the time specified by the Secretary, or
(e) the applicant, including a director or officer of the applicant, has been convicted of a relevant offence within the previous 10 years, or
(f) the Independent Commission Against Corruption, or an equivalent body in another jurisdiction, has within the previous 10 years made a finding or reasonably believes that the applicant, including, a director or officer of the applicant, has engaged in corrupt conduct, or
(g) the applicant, including a director of the applicant or officer of the applicant, is an undischarged bankrupt, or
(h) the applicant is the subject of a winding up order or has had a controller or administrator appointed, or
(i) the applicant is disqualified from holding an equivalent authorisation under the law of another State, Territory or the Commonwealth, other than on the following grounds—
(i) the applicant does not reside in the other jurisdiction,
(ii) the applicant is a body corporate, or
(j) a close associate of the applicant, who the Secretary considers is not a fit and proper person, exercises a significant influence over the applicant or the operation and management of the applicant’s business.
For the purposes of the Act, section 55(3)(b), the Secretary may refuse an application for recognition as a recognised engineering body or an application for the renewal of recognition if the body refuses to enter into an information sharing agreement with the Secretary under clause 92(3).
For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.
The functions of the recognised engineering body must be exercised in accordance with the body’s recognition or registration scheme.
The recognised engineering body and the body’s directors and officers must act in the public interest in the exercise of their functions.
The recognised engineering body must, at the written request of the Secretary, provide the Secretary with the information relating to the exercise of the body’s functions as a professional body of engineers that the Secretary requires within the time specified by the Secretary.
The recognised engineering body must, at the written request of the Secretary—
(a) engage an auditor, approved by the Secretary, to conduct an audit of—
(i) the recognised engineering body’s exercise of the body’s functions, or
(ii) the exercise of the body’s functions specified by the Secretary, and
(b) ensure the audit is completed within the time specified by the Secretary, and
(c) provide a copy of the report of the audit to the Secretary.
The recognised engineering body must provide reasonable assistance to the Secretary in the conduct of an investigation or audit of the body.
The recognised engineering body must, at the written request of the Secretary or the auditor engaged under subclause (5)—
(a) make the information specified by the Secretary or auditor relating to the exercise of the body’s functions as a recognised engineering body available to the public, and
(b) provide the information in the way specified by the Secretary or auditor.
Maximum penalty—
(a) for a body corporate—100 penalty units, or
(b) otherwise—25 penalty units.
For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the condition that the body, a director of the body or an officer of the body must give the Secretary written notice of the following events within 7 days after becoming aware of the event—
(a) proceedings being instituted against the following—
(i) the recognised engineering body,
(ii) a director of the recognised engineering body,
(iii) an officer of the recognised engineering body,
(b) any of the following being found guilty of a relevant offence—
(i) the recognised engineering body,
(ii) a director of the recognised engineering body,
(iii) an officer of the recognised engineering body,
(c) the recognised engineering body becoming bankrupt or making a composition, arrangement or assignment for the benefit of creditors,
(d) the recognised engineering body becoming the subject of a winding up order or having a controller or administrator appointed,
(e) the appointment of a person as a director or an officer of the recognised engineering body,
(f) a person ceasing to be a director or an officer of the recognised engineering body,
(g) the recognised engineering body no longer holding an insurance policy under clause 57,
(h) a change in the individuals nominated by the recognised engineering body in the body’s application for recognition.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.
The recognised engineering body must be—
(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or
(b) an association registered under the Associations Incorporation Act 2009.
Maximum penalty—
(a) for a body corporate—100 penalty units, or
(b) otherwise—50 penalty units.
The recognised engineering body must comply with clause 57.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
The recognised engineering body must have financial capacity and facilities to operate the body’s recognition or registration scheme.
A recognised engineering body must make the application and renewal process for recognition under the body’s recognition or registration scheme publicly available.
Maximum penalty—
(a) for a body corporate—100 penalty units, or
(b) otherwise—50 penalty units.
The recognised engineering body must comply with a law of this or another State, a Territory or the Commonwealth relevant to the body performing the functions of a recognised engineering body.
The recognised engineering body must provide an annual scheme declaration by 30 September each year that includes the information and evidence requested by the Secretary relating to the exercise of the body’s functions as a recognised engineering body.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.
A condition in this clause applies to a director or officer of a body in the same way that it applies to the body.
A recognised engineering body must do the following—
(a) exercise the body’s recognition function independently, fairly and with honesty and integrity,
(b) if the recognised engineering body operates a membership system for professional engineers in another capacity—ensure that a person who is not a member of the body is able to apply for recognition of registration as a professional engineer under the body’s recognition or registration scheme in the same way as a member.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) otherwise—100 penalty units.
A recognised engineering body must do the following—
(a) have in place, and the body must comply with, a conflict of interest policy that—
(i) identifies and manages conflicts of interest, and
(ii) includes details of how actual and perceived conflicts of interest between the commercial interest of a body and the management of the recognition or registration scheme will be managed,
(b) ensure that the body’s recognition or registration scheme is updated as soon as practicable in accordance with changes to industry practice and legal requirements,
(c) ensure that persons who assess applications under the body’s recognition or registration scheme—
(i) are trained to perform assessments of professional engineers, and
(ii) act in accordance with the requirements of the scheme.
Maximum penalty—
(a) for a body corporate—100 penalty units, or
(b) otherwise—50 penalty units.
For the purposes of the Act, section 55(3)(c) and (d), the Secretary may give written notice to a recognised engineering body of the following—
(a) imposing a condition on the body’s recognition,
(b) varying or revoking a condition on the recognition imposed by the Secretary.
For the purposes of the Act, section 55(3)(d), a recognised engineering body may, by written application to the Secretary, request the variation of a condition on the body’s recognition.
The application must—
(a) be in a form approved by the Secretary, and
(b) be accompanied by the fee set out in Schedule 7, Part 1, Column 4.
The Secretary may require the applicant to provide additional documents or information within the time specified by the Secretary.
The Secretary must give an applicant for variation of a condition on recognition written notice of a decision to grant or refuse an application for variation within 28 business days of making the decision.
If the Secretary fails to give the applicant notice of a decision to grant or refuse the variation within 60 business days after the application is made, the Secretary is taken to have refused to grant the variation.
In calculating the period under subclause (2), a period beginning on the day on which the Secretary makes a written request for further information from the applicant and ending on the day on which the information is provided, or the applicant refuses to provide the information, must not be included.
Subclause (2) does not prevent the Secretary from continuing to deal with an application after the expiry of the period.
A variation of a condition on recognition takes effect—
(a) at the time specified in the written notice, or
(b) when the notice is served on the recognised engineering body if—
(i) no time is specified in the notice, or
(ii) the notice is served on the recognised engineering body after the time specified in the notice.
The Secretary may suspend or cancel recognition as a recognised engineering body on the following grounds—
(a) the Secretary is no longer satisfied that the recognised engineering body or the recognised engineering body’s recognition or registration scheme meets the requirements set out in section 55 of the Act,
(a1) in the Secretary’s opinion the recognised engineering body or a director or officer of the body has contravened a requirement imposed under the Act,
(a2) in the Secretary’s opinion, if the recognised engineering body were applying for recognition under clause 52B, the application would be refused under that clause,
(a3) in the Secretary’s opinion the recognised engineering body should not have been granted recognition because the Secretary—
(i) has received information about the body or a director or officer of the body, and
(ii) reasonably believes the Secretary would have refused the application if the Secretary had received the information at the time the application for recognition or renewal of recognition was made,
(a4) in the Secretary’s opinion the recognised engineering body is no longer exercising the functions of a recognised engineering body,
(b) the recognised engineering body has applied for the recognition to be cancelled.
The Secretary may suspend recognition as a recognised engineering body unconditionally or subject to conditions determined by the Secretary.
For the purposes of subclause (1)(a), the Secretary must give written notice to a recognised engineering body of the Secretary’s intention to suspend or cancel recognition.
For the purposes of subclause (1)(b), the recognised engineering body must, after the recognised engineering body applies for the recognition to be cancelled—
(a) continue to operate and meet the requirements of the body under the Act for at least 180 days before the recognition is cancelled, and
(b) before the end of the 180 day period—implement the transition strategy under clause 61.
The Secretary may cancel recognition as a recognised engineering body if the Secretary and the recognised engineering body jointly agree to cancel the recognition earlier than the period referred to in subclause (2A).
In making a decision about whether or not to suspend or cancel recognition, the Secretary must take into account any written submissions made to the Secretary by the recognised engineering body.
If the Secretary decides to suspend or cancel recognition, the Secretary must give the recognised engineering body written notice of the decision, including—
(a) the date or time from which the suspension or cancellation takes effect, and
(b) the reasons for the suspension or cancellation.
If the Secretary decides to suspend recognition, the Secretary must give the recognised engineering body written notice of the decision, including—
(a) the period of the suspension, and
(b) conditions on the suspension.
A recognition or registration scheme must provide for the following—
(a) a process for the receipt, assessment and determination of applications for recognition or registration of professional engineers under the scheme, including—
(i) a process for notifying the Secretary of any applications refused by the recognised engineering body, and
(ii) a process for managing actual or perceived conflicts of interest within the recognised engineering body’s conflict of interest policy in carrying out an assessment of an application, and
(iii) objective assessment and verification criteria, including the qualifications, experience, knowledge, skills and continuing professional development requirements that an applicant must meet in order to be recognised or registered as a professional engineer under the scheme, and
(iv) the way in which the competence of applicants will be assessed, and
(v) a process for the internal review of decisions made by the recognised engineering body in relation to the receipt, assessment and determination of applications, and
(vi) a process for imposing conditions on a professional engineer’s recognition or registration,
(b) a process for the recognition or registration of professional engineers that is fair, transparent, impartial and timely,
(c) a process for assessing whether a professional engineer is covered by insurance that provides indemnity against liability to which the professional engineer may become subject as a result of carrying out professional engineering work,
(d) publicly accessible documentation of any fees that the recognised engineering body will charge and the purpose of the fees,
(e) a process for receiving and managing complaints and resolution of disputes involving professional engineers who are recognised or registered under the scheme,
A registered professional engineer who directly supervises a person who is not registered as a professional engineer (an
(a) the work is within the professional engineer’s competence and expertise, and
(b) the work is carried out competently, and
(c) the work is carried out in accordance with the requirements prescribed by the Act and this Regulation, including this code of practice, or another Act or law.
For the purposes of section 94 of the Act—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
Column 1 | Column 2 | Column 3 |
Provision | Penalty—individuals | Penalty—body corporates |
Section 9(1) | $5,500 | $16,500 |
Section 9(2) | $5,500 | $16,500 |
Section 9(3) | $5,500 | $16,500 |
Section 9(4) | $5,500 | $16,500 |
Section 9(5) | $5,500 | $16,500 |
Section 10 | $5,500 | $16,500 |
Section 11(1) | $1,650 | $5,000 |
Section 12(1) | $5,500 | $16,500 |
Section 12(2) | $5,500 | $16,500 |
Section 13 | $5,500 | $16,500 |
Section 14(1) | $1,650 | $5,000 |
Section 15(1) | $1,650 | $5,000 |
Section 16(4) | $1,650 | $3,300 |
Section 17(1) | $5,500 | $16,500 |
Section 17(2) | $5,500 | $16,500 |
Section 17(5) | $1,650 | $5,000 |
Section 22(2) | $11,000 | $25,000 |
Section 23 | $5,500 | $16,500 |
Section 24(1) | $1,650 | $5,000 |
Section 28(1) | $5,000 | — |
Section 28(2) | — | $11,000 |
Section 32(1) | $5,500 | $16,500 |
Section 33(1) | $1,650 | $5,000 |
Section 51(4) | $1,650 | $5,000 |
Section 56, including a contravention of the code of practice in this Regulation, Schedule 4, but only for clauses 6(3), 7(1), 15(3) and 16(1) of the Schedule | $5,000 | $9,900 |
Section 57(1) | $5,000 | $9,900 |
Section 58(b) | $5,000 | $9,900 |
Section 59(1) | $2,500 | $5,000 |
Section 60 | $825 | $4,125 |
Section 67 | $5,000 | — |
Section 105(4) | $4,125 | $8,250 |
Schedule 1, clause 3(3) | $5,500 | $16,500 |
Schedule 1, clause 4(3) | $1,650 | $3,300 |
Clause 16(1) | $1,650 | $3,300 |
Clause 17(1) | $1,650 | $3,300 |
Clause 20 | $1,650 | $3,300 |
Clause 23 | $1,650 | $3,300 |
Clause 24 | $1,650 | $3,300 |
Clause 28B(1), (2) or (3) | $1,650 | $3,300 |
Clause 28C | $1,650 | $3,300 |
Clause 28D | $1,650 | $3,300 |
Clause 52D(7) | $1,100 | $2,200 |
Clause 52E(a), (b), (c), (d), (e) or (g) | $1,650 | $3,300 |
Clause 52F(2) | $1,650 | $3,300 |
Clause 52F(5) | $1,100 | $2,200 |
Clause 52F(7) | $1,650 | $3,300 |
Clause 52G(3)(b) | $1,650 | $3,300 |
Clause 84(6) | $1,650 | $3,300 |
(Repealed)
clauses 31A, 50(2)(b1) and 93B(2)
Column 1 | Column 2 | Column 3 | Column 4 |
Type of application | Refundable component—in fee units | Processing component—in fee units | Total—in fee units |
The fees set out below apply to registration as a design practitioner—architectural, design practitioner—architectural (low rise), design practitioner—architectural (medium rise), design practitioner—civil engineering, design practitioner—electrical engineering, design practitioner—fire safety engineering, design practitioner—geotechnical engineering, design practitioner—mechanical engineering and design practitioner—structural engineering. | |||
| |||
| 2.39 | 1.42 | 3.81 |
| 7.14 | 1.42 | 8.56 |
| 12.86 | 1.42 | 14.28 |
| |||
| 2.1 | 0.76 | 2.86 |
| 5.66 | 0.76 | 6.42 |
| 9.94 | 0.76 | 10.7 |
| |||
| 2.62 | 0.76 | 3.38 |
| 6.18 | 0.76 | 6.94 |
| 10.46 | 0.76 | 11.22 |
| — | 1.42 | 1.42 |
| |||
| 8.23 | 4.61 | 12.84 |
| 24.28 | 4.61 | 28.89 |
| 43.53 | 4.61 | 48.14 |
| |||
| 7.32 | 2.3 | 9.62 |
| 19.36 | 2.3 | 21.66 |
| 33.81 | 2.3 | 36.11 |
| |||
| 7.84 | 2.3 | 10.14 |
| 19.88 | 2.3 | 22.18 |
| 34.33 | 2.3 | 36.63 |
The fees set out below apply to registration as a design practitioner—building design, design practitioner—building design (low rise), design practitioner—building design (medium rise), design practitioner—drainage, design practitioner—drainage (restricted), design practitioner—facade, design practitioner—fire systems (detection and alarm systems), design practitioner—fire systems (fire hydrant and fire hose reel), design practitioner—fire systems (fire sprinkler), design practitioner—fire systems (mechanical smoke control) and design practitioner—vertical transportation. | |||
| |||
| 2.39 | 1.75 | 4.14 |
| 7.55 | 1.75 | 9.3 |
| 13.76 | 1.75 | 15.51 |
| |||
| 2.1 | 1.0 | 3.1 |
| 5.97 | 1.0 | 6.97 |
| 10.63 | 1.0 | 11.63 |
| |||
| 2.62 | 1.0 | 3.62 |
| 6.49 | 1.0 | 7.49 |
| 11.15 | 1.0 | 12.15 |
| — | 1.75 | 1.75 |
Application for the following—
| — | 2.3 | 2.3 |
Application for the following—
| — | 1.0 | 1.0 |
| |||
| 8.23 | 4.61 | 12.84 |
| 24.28 | 4.61 | 28.89 |
| 43.53 | 4.61 | 48.14 |
| |||
| 7.32 | 2.3 | 9.62 |
| 19.36 | 2.3 | 21.66 |
| 33.81 | 2.3 | 36.11 |
| |||
| 7.84 | 2.3 | 10.14 |
| 19.88 | 2.3 | 22.18 |
| 34.33 | 2.3 | 36.63 |
The fees set out below apply to registration as a building practitioner—body corporate nominee, building practitioner—body corporate nominee (low rise), building practitioner—body corporate nominee (medium rise), building practitioner—general, building practitioner—general (low rise) and building practitioner—general (medium rise). | |||
| |||
| 2.39 | 1.42 | 3.81 |
| 7.14 | 1.42 | 8.56 |
| 12.86 | 1.42 | 14.28 |
| |||
| 2.1 | 0.76 | 2.86 |
| 5.66 | 0.76 | 6.42 |
| 9.94 | 0.76 | 10.7 |
| |||
| 2.62 | 0.76 | 3.38 |
| 6.18 | 0.76 | 6.94 |
| 10.46 | 0.76 | 11.22 |
| |||
| 2.39 | 1.75 | 4.14 |
| 7.55 | 1.75 | 9.3 |
| 13.76 | 1.75 | 15.51 |
| |||
| 2.1 | 1.0 | 3.1 |
| 5.97 | 1.0 | 6.97 |
| 10.63 | 1.0 | 11.63 |
| |||
| 2.62 | 1.0 | 3.62 |
| 6.49 | 1.0 | 7.49 |
| 11.15 | 1.0 | 12.15 |
| — | 1.42 | 1.42 |
| — | 1.42 | 1.42 |
| — | 1.0 | 1.0 |
| |||
| 3.81 | 1.75 | 5.56 |
| 10.77 | 1.75 | 12.52 |
| 19.11 | 1.75 | 20.86 |
| |||
| 2.97 | 1.2 | 4.17 |
| 8.19 | 1.2 | 9.39 |
| 14.45 | 1.2 | 15.65 |
| |||
| 3.49 | 1.2 | 4.69 |
| 8.71 | 1.2 | 9.91 |
| 14.75 | 1.2 | 15.95 |
| — | 1.75 | 1.75 |
| — | 68.39 | 68.39 |
| — | 68.39 | 68.39 |
| — | 15.2 | 15.2 |
In this Part—
For the purposes of this Regulation, a
(a) in the financial year 2021–22—$106.47, and
(b) in each subsequent financial year—the amount calculated as follows—
where—
A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2017.
The amount of a fee unit is to be rounded to the nearest cent and an amount of 0.5 cent is to be rounded down.
However, if the amount of a fee unit calculated for a financial year is less than the amount that applied for the previous financial year, the amount for the previous financial year applies instead.
Fee unit amount calculated under this clause—
Financial year | Fee unit amount |
2022–23 | $111.14 |
2023–24 | $119.23 |
2024–25 | $123.72 |
2025–26 | $126.59 |
The amount of a fee calculated by reference to a fee unit, including the amount of a refundable component of a fee, is to be rounded to the nearest dollar and an amount of 50 cents is to be rounded down.
As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Secretary is required to—
(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so notice of the amount can be published on the NSW legislation website, and
(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.
This Part operates to change an amount of a fee that is calculated by reference to a fee unit and the change is not dependent on the notification or other notice required by this clause.
clause 3
(a) lodgment on the NSW planning portal, or
(b) if a registered practitioner is unable to access the NSW planning portal to lodge a copy of a document for technical or other reasons—provision of the document to the Secretary within the period specified by the particular clause.
(a) the fire performance of a material, structure or building,
(b) the selection of a fire system suitable for a particular building, including components of the systems,
(c) the safety and behaviour of a person in the event of a fire,
(d) the prevention, detection and suppression of fire.
(a) the stability, strength and rigidity of built structures, and
(b) how structures and buildings resist and transfer natural and other forces.
(a) a class 2, class 3 or class 9c building or a building containing a part of a class 2 building that has a rise in storeys of no more than 3,
(b) for a building in relation to which the ground level or first storey of the building is classified as a class 7a building—a class 2, class 3 or class 9c building or a building containing a part of a class 2, class 3 or class 9c building that has a rise in storeys of no more than 4.
Design and Building Practitioners Regulation 2021 (152). LW 9.4.2021. Date of commencement, 1.7.2021, cl 2. This Regulation has been amended by this Regulation, Sch 2, cl 21(6) and (7) and as follows—
(312) | Design and Building Practitioners Amendment (Miscellaneous) Regulation 2021. LW 25.6.2021. Date of commencement, 1.7.2021, cl 2. | |
(417) | Design and Building Practitioners Amendment (Fees) Regulation 2021. LW 30.7.2021. Date of commencement, 30.7.2021, cl 2 and 2021 (415) LW 30.7.2021. | |
(743) | Design and Building Practitioners Amendment (Miscellaneous) Regulation (No 2) 2021. LW 10.12.2021. Date of commencement, on publication on LW, sec 2. | |
(62) | Design and Building Practitioners Amendment (Miscellaneous) Regulation 2022. LW 2.3.2022. Date of commencement, Sch 1[24] excepted, on publication on LW, sec 2(1); date of commencement of Sch 1[24], 1.7.2022, sec 2(2). | |
No 2 | Licensing and Registration (Uniform Procedures) Amendment Act 2022. Assented to 4.3.2022. Date of commencement on Sch 2.10, assent, sec 2(2). | |
(332) | Design and Building Practitioners Amendment Regulation 2022. LW 1.7.2022. Date of commencement, 1.7.2022, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(783) | Design and Building Practitioners Amendment (Miscellaneous) Regulation (No 2) 2022. LW 16.12.2022. Date of commencement of Sch 1[1] [4]–[8] and [18], 1.7.2023, sec 2(a); date of commencement of Sch 1[2] [3] [9] and [13]–[17], on publication on LW, sec 2(c); date of commencement of Sch 1[10]–[12], 3.7.2023, sec 2(b). | |
(788) | Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Fire Safety) Regulation 2022. LW 16.12.2022. |
Date of commencement of Sch 2, 13.2.2023, sec 2(a). | ||
(65) | Building Legislation Amendment (Building Classes) Regulation 2023. LW 24.2.2023. Date of commencement of Sch 1[1]–[10] [12]–[14] [18]–[20] [23] and [28]–[56], 3.7.2023, sec 2(c); date of commencement of Sch 1[11] [15] [16] [21] [22] and [24]–[27], on publication on LW, sec 2(a); date of commencement of Sch 1[17], 1.7.2023, sec 2(b). Amended by Building Legislation Amendment Regulation 2023 (317). LW 23.6.2023. Date of commencement of Sch 3, on publication on LW, sec 2(b). | |
(71) | Planning Legislation Amendment (National Construction Code) Regulation 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(317) | Building Legislation Amendment Regulation 2023. LW 23.6.2023. Date of commencement of Sch 2, 3.7.2023, sec 2(a). | |
(5) | Building Legislation Amendment Regulation (No 2) 2024. LW 19.1.2024. Date of commencement, on publication on LW, sec 2. | |
(194) | Design and Building Practitioners Amendment (Miscellaneous) Regulation 2024. LW 7.6.2024. Date of commencement of Sch 1[1] [2] [4] and [5], 1.7. 2024, sec 2(b); date of commencement of Sch 1[3], on publication on LW, sec 2(a). | |
(276) | Building, Design and Strata Legislation Amendment Regulation 2025. LW 20.6.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3A | Ins 2022 (783), Sch 1[1]. |
Cl 3B | Ins 2024 (5), Sch 1[1]. |
Cl 5 | Am 2023 (71), Sch 1.2[1]. |
Cl 9 | Am 2024 (5), Sch 1[2]. |
Cl 12 | Subst 2023 (65), Sch 1[1]. Am 2024 (194), Sch 1[1] [2]. |
Cl 13 | Am 2021 (417), Sch 1[1]; 2021 (743), Sch 1[1]–[3]; 2022 (332), Sch 1[1]; 2022 (783), Sch 1[2] [3]; 2023 (65), Sch 1[2]–[4]; 2024 (194), Sch 1[3]; 2025 (276), Sch 2[1]. |
Cl 14 | Am 2023 (65), Sch 1[5]. |
Cl 16 | Am 2022 (783), Sch 1[4]–[7]. |
Cl 18 | Am 2022 (788), Sch 2. |
Cl 19 | Am 2021 (312), Sch 1[1]. |
Cl 19A | Ins 2021 (743), Sch 1[4]. Am 2022 (783), Sch 1[8]. |
Cl 21 | Am 2022 (62), Sch 1[1] [2]. |
Part 3, Div 3A | Ins 2022 (62), Sch 1[3]. |
Cl 28A | Ins 2022 (62), Sch 1[3]. |
Cl 28B | Ins 2022 (62), Sch 1[3]. |
Cl 28C | Ins 2022 (62), Sch 1[3]. |
Cl 28D | Ins 2022 (62), Sch 1[3]. |
Part 3, Div 3B | Ins 2023 (65), Sch 1[6]. |
Cl 28E | Ins 2023 (65), Sch 1[6]. |
Cl 28F | Ins 2023 (65), Sch 1[6]. Am 2024 (194), Sch 1[4]. |
Cl 28G | Ins 2023 (65), Sch 1[6]. |
Cl 28H | Ins 2023 (65), Sch 1[6] (am 2023 (317), Sch 3[1]). |
Cl 28I | Ins 2023 (65), Sch 1[6] (am 2023 (317), Sch 3[2]). |
Cl 28J | Ins 2023 (65), Sch 1[6] (am 2023 (317), Sch 3[3] [4]). |
Part 4, Div 1, heading | Am 2023 (65), Sch 1[7]. |
Cl 31A | Ins 2021 (312), Sch 1[2]. Am 2023 (65), Sch 1[8]–[10]. |
Cl 33 | Am 2021 (312), Sch 1[3]; 2022 (332), Sch 1[2]–[5]. |
Cl 36 | Am 2022 (332), Sch 1[6]. |
Cl 39 | Am 2021 (743), Sch 1[5]. |
Cl 42 | Rep 2022 No 2, Sch 2.10. |
Cl 43 | Am 2021 (312), Sch 1[4]; 2022 No 59, Sch 1.10[1] [2]; 2023 (317), Sch 2[1] [2]. |
Cl 44 | Am 2023 (65), Sch 1[11]. |
Cl 46 | Am 2021 (312), Sch 1[5]; 2022 (332), Sch 1[7] [8]. |
Cl 50A | Ins 2022 (62), Sch 1[4]. |
Cl 50 | Am 2021 (417), Sch 1[2]; 2023 (65), Sch 1[12]. |
Cl 51 | Am 2022 (62), Sch 1[5] [6]. |
Cl 52 | Am 2022 (62), Sch 1[7]. |
Cl 52A | Ins 2022 (62), Sch 1[8]. Am 2023 (65), Sch 1[12]. |
Cl 52B | Ins 2022 (62), Sch 1[8]. |
Cl 52C | Ins 2022 (62), Sch 1[8]. |
Cl 52D | Ins 2022 (62), Sch 1[8]. |
Cl 52E | Ins 2022 (62), Sch 1[8]. |
Cl 52F | Ins 2022 (62), Sch 1[8]. |
Cl 52G | Ins 2022 (62), Sch 1[8]. |
Cl 52H | Ins 2022 (62), Sch 1[8]. |
Cl 52I | Ins 2022 (62), Sch 1[8]. Am 2023 (65), Sch 1[12]. |
Cl 52J | Ins 2022 (62), Sch 1[8]. |
Cl 53 | Am 2022 (62), Sch [9]–[16]. |
Cl 54 | Am 2022 (62), Sch 1[17]. |
Cl 58 | Rep 2022 (62), Sch 1[18]. |
Cl 60 | Am 2022 (62), Sch 1[19]. |
Cl 61 | Am 2022 (62), Sch 1[20]. |
Cl 61A | Ins 2022 (62), Sch 1[21]. |
Cl 79 | Am 2024 (5), Sch 1[3] [4]. |
Part 7A | Ins 2022 (783), Sch 1[9]. |
Cl 88A | Ins 2022 (783), Sch 1[9]. |
Cl 88B | Ins 2022 (783), Sch 1[9]. Am 2023 (65), Sch 1[13]. |
Cl 88C | Ins 2022 (783), Sch 1[9]. Rep 2022 (783), Sch 1[10]. |
Cl 88D | Ins 2022 (783), Sch 1[9]. Subst 2022 (783), Sch 1[11]. |
Cl 89 | Am 2021 (312), Sch 1[6]; 2021 (743), Sch 1[6]. |
Cl 92 | Am 2022 (62), Sch 1[22]. |
Cl 93A | Ins 2021 (312), Sch 1[7]. Am 2021 (417), Sch 1[3] [4]; 2022 (62), Sch 1[23]. |
Cl 93B | Ins 2021 (312), Sch 1[7]. Am 2023 (65), Sch 1[14]. |
Cl 93C | Ins 2021 (312), Sch 1[7]. |
Cl 95 | Am 2021 (743), Sch 1[7]. |
Cl 96 | Am 2021 (312), Sch 1[8]; 2023 (65), Sch 1[15]. |
Cl 97A | Ins 2023 (65), Sch 1[16]. |
Cl 97B | Ins 2023 (65), Sch 1[16]. |
Cl 98 | Am 2021 (743), Sch 1[8]. |
Cl 106 | Am 2021 (312), Sch 1[9]. Subst 2022 (62), Sch 1[24]. Am 2023 (65), Sch 1[17]. Subst 2024 (194), Sch 1[5]. Am 2025 (276), Sch 2[2]. |
Cl 107 | Ins 2022 (332), Sch 1[9]. |
Cl 108 | Ins 2022 (783), Sch 1[12]. |
Sch 1 | Am 2021 (312), Sch 1[10] [11]; 2021 (743), Sch 1[9]; 2022 (62), Sch 1[25]–[27]; 2022 (332), Sch 1[10]–[26]; 2023 (65), Sch 1[18]–[20]; 2023 (317), Sch 2[3]. |
Sch 2 | Am 2021 (152), Sch 2, cl 21(6) and (7); 2021 (312), Sch 1[12]–[16]; 2021 (743), Sch 1[10] [11]; 2022 (62), Sch 1[28]–[33]; 2022 (332), Sch 1[27]–[39]; 2022 (783), Sch 1[13]–[17]; 2023 (65), Sch 1[21]–[27] [28] (subst 2023 (317), Sch 3[5]) [29]–[52]; 2023 (71), Sch 1.2[2] [3]; 2024 (5), Sch 1[5] [6]. |
Sch 3 | Am 2023 (63), Sch 1[53] [54]. |
Sch 5 | Am 2022 (62), Sch 1[34]. |
Sch 6 | Am 2021 (312), Sch 1[17]–[21]. Rep 2021 (743), Sch 1[12]. |
Sch 7 | Ins 2021 (312), Sch 1[22]. Am 2021 (417), Sch 1[5] [6]; 2022 (62), Sch 1[35]; 2022 (332), Sch 1[40]–[44]; 2023 (65), Sch 1[55] (am 2023 (317), Sch 3[6]); 2024 (5), Sch 1[7] [8]. |
Dictionary | Am 2021 (312), Sch 1[23]; 2021 (417), Sch 1[7]; 2022 (62), Sch 1[36]; 2022 (332), Sch 1[45]; 2022 (783), Sch 1[18]; 2023 (65), Sch 1[56]; 2024 (5), Sch 1[9]. |
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