The construction industry, along with its legislation in New South Wales (NSW) and across the nation, is in a state of dynamic evolution, particularly when it comes to remedial work.

One announcement from the NSW Fair Trading website underscores this shift: effective 1 July 2025, remedial building work for Class 3 and Class 9(c) buildings will officially be regulated under the Design and Building Practitioners Act (DBP Act)—a significant extension of prior regulations that only encompassed remedial building work for Class 2 buildings since 1 July 2021.

However, the NSW Building Commission, supported by the Minister for Building, the Hon. Anoulack Chanthivong MP, has proposed that the expansion of the DBP Act to include the regulation of repair, alteration, and renovation work on existing Class 3 and Class 9(c) buildings be deferred by 12 months, pushing the effective date to 1 July 2026.

Under this new framework, a registered design practitioner will be tasked with creating a Construction Issued Regulated Design (CIRD), which must be submitted to the NSW Planning Portal by a building practitioner. Remedial building work is distinctly defined to encompass repairs, maintenance, and enhancements to existing structures, as well as rectification or corrective action for any defects.

Importantly, it’s crucial to note that certain types of remedial work are excluded under the DBP Act. For instance, work conducted under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 falls outside this regulation. This can introduce complexities in classifying remedial work; for example, waterproofing related to exempt development may not always be excluded—especially in cases involving alterations to bathrooms, kitchens, laundries, or toilets, as well as work on single dwellings following the criteria in clause 13 of the DBP Regulations. To navigate these nuances effectively, the NSW Department of Planning and Environment’s fact sheet for remedial work under the exempt and complying development codes serves as an invaluable resource.

To understand the fundamental requirements under the DBP legislation is important and will vary based on the urgency of the remedial work. Having said this, generally a CIRD must encapsulate the necessary details to ensure:

• Complete compliance with the Building Code of Australia (BCA).
• That a building practitioner can execute the work in accordance with the regulated design and the BCA.

The specifics required can be found in the Regulated Design Guidance Material, with key conditions including:

• Precisely defining the location of the work.
• Providing detailed drawings at an appropriate scale that capture the essence of the remedial work.
• Documenting the distinction between the remedial building work and the existing structure, including a comprehensive schedule of materials and products.
• Outlining clear specifications that delineate performance requirements.

Design practitioners should give consideration to general elevations to accurately pinpoint the location of the remedial work within the broader context of the building (such as specific balconies) and present general sections for additional context and measurements when preparing CIRDs for remedial work.

The classification of the “design practitioner” required to produce the regulated designs for the CIRD is inherently tied to the scope of the remedial building work. Comprehensive guidance can be found in the DBP Act Schedule 1, Part 2, Description of Work, while the Design Practitioner’s Handbook will further assist to clarify this.

The evolving landscape of the construction industry and its regulatory framework emphasizes the critical importance of compliance and thorough documentation in remedial building work. As the guidelines under the DBP Act expand to include additional classes of buildings, practitioners must be proactive in understanding their obligations and ensuring that their designs meet the necessary standards. This meticulous approach not only safeguards the integrity of the structures involved but also plays a vital role in managing risk.

Risk Management Strategies for Design and Engineering Professionals under the DBP Act

With the expansion of the DBP Act, it is more critical than ever for design and engineering professionals to adopt a proactive approach to risk management. The following strategies can help practitioners reduce their exposure to liability and ensure ongoing compliance:

1. Maintain Accurate and Detailed Documentation
Ensure that all Construction Issued Regulated Designs (CIRDs) are thoroughly prepared, clearly distinguishing between existing and new work, and are supported by relevant specifications, materials lists, and drawings. Good documentation is not only required under the DBP Act but also acts as your first line of defence in the event of a dispute or claim.

2. Stay Up to Date with Legislative Changes
The regulatory environment is evolving rapidly. Regularly reviewing guidance materials—such as updates from NSW Fair Trading, the DBP Act Schedule 1, and the Design Practitioner’s Handbook—is essential to stay compliant and informed of your responsibilities. Also bear in mind the impact and implication of the proposed Building Bill in NSW.

3. Implement Robust Internal Quality Assurance Processes
Consider introducing peer reviews, checklists, and internal sign-offs for all regulated designs. Ensuring that your designs meet the NCC, BCA and other applicable standards before submission can prevent errors and reduce the risk of non-compliance.

4. Clearly Define Scope and Limitations
When engaging in remedial work, clearly outline the scope of your services and any limitations in your consultancy agreement. This helps manage client expectations and can reduce disputes about deliverables or responsibilities down the track.

5. Engage with Legal and Insurance Advisors
Regularly consult with your legal counsel to ensure your contracts and project documentation reflect the current legislative environment. Just as importantly, work with your broker or insurance provider to confirm that your Professional Indemnity (PI) insurance adequately covers your activities under the DBP framework, especially where remedial work is concerned and in consideration of policy exclusions relating to asbestos and aluminium composite panel cladding (“ACP’s”).

6. Record and Retain Communication
Keep written records of all client communications, instructions, and approvals. In the event of a claim or allegation of negligence, having a comprehensive communication trail can be instrumental in demonstrating that your duties were properly discharged.

7. Continuous Professional Development
Encourage ongoing training for you and your team, especially around compliance obligations, technical standards, and new legislative requirements. This ensures competence and strengthens your professional standing.

By adopting these strategies, design and engineering professionals can position themselves to not only meet the legal and professional standards imposed by the DBP Act but also to reduce their risk exposure and enhance client confidence. As remedial work becomes more tightly regulated, proactive risk management will be key to long-term success and sustainability in the sector.

Felicity Dixon
Senior Risk Manager/Engagement Manager
informed by Planned Cover

This article is only general advice in respect of risk management. It is not tailored to your individual needs or those of your business, nor is it intended to be relied upon as legal or insurance advice. For such assistance you should approach your legal and/or insurance advisors.