Introduction
Every Class 2 apartment development in NSW now carries a documentation obligation that did not exist before 1 July 2021. The Design and Building Practitioners Act 2020 introduced a mandatory compliance declaration scheme requiring regulated designs to be prepared by registered practitioners, declared against the Building Code of Australia, and lodged on the NSW Planning Portal before construction can lawfully commence. For developers accustomed to the pre-2021 workflow, the shift has been substantial. In my practice guiding apartment projects across Sydney from concept to occupation certificate, the single most common cause of construction delays is not design complexity or council resistance — it is incomplete or non-compliant documentation lodged on the Planning Portal at the wrong stage.
This article breaks down exactly what must be lodged, when, and by whom, so that developers, builders, and project managers can build compliance into their programme from day one rather than retrofitting it under pressure.
What Is Regulated Building Work Under the DBP Act?
Regulated building work under the Design and Building Practitioners Act 2020 covers the construction, alteration, addition, repair, renovation, or protective treatment of a Class 2, Class 3, or Class 9c building in NSW. Since 1 July 2021, the Act has applied in full to Class 2 buildings — apartment buildings containing two or more sole-occupancy units. The scheme was extended to Class 3 and 9c buildings on 3 July 2023, but Class 2 remains the most heavily regulated category and the one most relevant to apartment developers.
A critical detail that catches developers off guard: the Act applies not just to standalone Class 2 buildings but also to mixed-use developments where a Class 2 component exists. If apartments sit above a commercial podium or retail ground floor, regulated designs are required for all parts of the building that contain a Class 2 component — not just the residential floors. This means a mixed-use development with six storeys of apartments above two storeys of retail triggers the full DBP Act documentation chain.
The Three Stages of Planning Portal Lodgement
Compliance documentation must be lodged on the NSW Planning Portal at three distinct stages of a Class 2 project. Missing any stage can halt construction or prevent occupation certificate issuance.
Stage 1 — Before Building Work Starts
The building practitioner (typically the head contractor) must lodge all construction-issued regulated designs and their associated design compliance declarations on the NSW Planning Portal before any building work commences. Each regulated design must be accompanied by a separate design compliance declaration form — the multiple regulated design form was removed from the Fair Trading website and is no longer accepted after 5 March 2023. This means if you have twelve regulated designs across structural, fire, waterproofing, and building services disciplines, you lodge twelve individual DCDs.
Stage 2 — During Construction (Variations)
When a regulated design changes during construction — and on apartment projects, they invariably do — the varied design and a new design compliance declaration must be lodged within one day of the varied work commencing. The one-day timeframe is strict and often requires work to stop so that the registered design practitioner can prepare the variation, make the declaration, and have the building practitioner lodge it before construction resumes.
Stage 3 — Before Occupation Certificate
Before an application for an occupation certificate can be made, the building practitioner must provide a building compliance declaration through the Planning Portal. This declaration confirms that the building work has been carried out in accordance with the declared regulated designs. No building compliance declaration, no occupation certificate — and no settlement for purchasers.
What Documents Must Be Lodged?
The NSW Fair Trading website publishes a recommended list of regulated designs that should be lodged for a Class 2 development. While not every design on the list applies to every project, developers should expect to lodge designs across the following categories.
Regulated Design Categories
| Category | Typical Documents | Registered Practitioner Class |
|---|---|---|
| Structural engineering | Steel, concrete, timber, masonry drawings and specifications | Design practitioner — structural |
| Fire safety engineering | Fire resistance levels, fire-stopping, smoke control, pressurisation | Design practitioner — fire safety |
| Waterproofing | Internal wet area, external, below-ground waterproofing details | Design practitioner — waterproofing |
| Building services (mechanical) | HVAC, ventilation, smoke control, stairwell pressurisation | Design practitioner — mechanical |
| Building services (hydraulic) | Plumbing, drainage, stormwater, fire hydrant/sprinkler | Design practitioner — hydraulic |
| Architectural (building elements) | Building element drawings, performance solution reports | Design practitioner — architectural |
Who Is Responsible for Each Lodgement Step?
The DBP Act assigns clear responsibilities to three registered practitioner roles. Understanding who does what prevents the finger-pointing that delays projects.
Practitioner Roles and Responsibilities
| Role | Registration Class | Key Responsibilities |
|---|---|---|
| Registered Design Practitioner | Design practitioner (specific discipline) | Prepares regulated designs, makes design compliance declarations |
| Principal Design Practitioner (PDP) | Principal design practitioner — general or body corporate | Coordinates all DCDs, ensures design integration, lodges PDP declaration |
| Building Practitioner | Building practitioner (Class 2) | Lodges regulated designs + DCDs on Portal, builds to declared designs, makes building compliance declaration |
| Appropriate Practitioner | Varies by discipline | Makes DCDs for design variations during construction |
Real Project Examples from giantA's Portfolio
Project 1: 24-Unit Mid-Rise in Merrylands
A 24-unit, four-storey apartment development in Merrylands required regulated designs across six disciplines. giantA acted as Principal Design Practitioner, coordinating structural, fire safety, waterproofing, mechanical, hydraulic, and architectural declarations. The developer initially underestimated the documentation timeline, budgeting two weeks between CC issuance and construction commencement. In practice, the full regulated design package — twelve individual DCDs plus the PDP declaration — took four weeks to prepare, coordinate, and lodge. Construction commenced five weeks after the CC was issued, a delay that could have been avoided by engaging the PDP during the CC documentation phase rather than after. The total professional fee for DBP Act compliance was approximately $45,000, representing 0.9% of the $5.1 million construction budget.
Project 2: 8-Unit Boutique Development in Parramatta
An eight-unit boutique development in Parramatta CBD illustrates the variation lodgement challenge. During construction, the builder proposed replacing a specified fire-stopping product with an alternative due to supply chain constraints. Because the fire-stopping detail was a regulated design, the variation required a new DCD from the fire safety engineer, lodgement on the Planning Portal within one day, and a stop-work on the affected area until the declaration was confirmed. The variation process took three days, costing the developer approximately $12,000 in delayed programme time. The lesson: design variations on regulated elements are not administrative formalities — they carry real time and cost consequences.
Project 3: Mixed-Use Development in Liverpool
A mixed-use development in Liverpool comprised ground-floor retail, two storeys of commercial office, and four storeys of apartments (Class 2). Because the building contained a Class 2 component, the entire building triggered DBP Act compliance — including the commercial floors. The developer had assumed the DBP obligations applied only to the residential levels and had not budgeted for fire safety and structural declarations on the commercial structure. giantA identified this during pre-construction review and expanded the regulated design scope to cover the full building. The additional compliance cost was approximately $18,000, a fraction of what it would have cost had the gap been discovered during a Building Commissioner audit.
Common Lodgement Mistakes and How to Avoid Them
In my experience coordinating DBP Act compliance across dozens of Class 2 projects, five mistakes recur with predictable frequency.
Mistake 1 — Lodging after construction starts. The DBP Act requires regulated designs and DCDs to be lodged before building work commences, not concurrently. Builders who start work assuming they can "catch up" on lodgement risk stop-work orders and Building Commissioner intervention.
Mistake 2 — Using the wrong DCD form. Since 5 March 2023, only the single regulated design form is accepted. The multiple regulated design form is obsolete. Submitting the wrong form results in automatic rejection and re-lodgement.
Mistake 3 — Forgetting building services declarations. Mechanical, hydraulic, and electrical designs are regulated designs. Developers often focus on structural and fire safety declarations and overlook building services, only to discover the gap at occupation certificate stage.
Mistake 4 — No PDP nominated. The Principal Design Practitioner role is mandatory for Class 2 projects. Without a PDP, no one coordinates the multi-discipline DCDs, and the Planning Portal may reject the lodgement package.
Mistake 5 — Treating variations as minor. Any change to a regulated design — even a product substitution — requires a new DCD and lodgement within one day. Builders who proceed without lodging risk building work that cannot be retrospectively declared compliant.
Cost of DBP Act Compliance Documentation
The compliance declaration scheme adds a professional services layer that did not exist before 2021. Based on giantA project data, the typical cost ranges are as follows.
DBP Act Compliance Cost Ranges (Sydney, 2026)
| Project Scale | Units | DCD Count | Professional Fee Range | % of Construction Cost |
|---|---|---|---|---|
| Small boutique | 4–8 | 6–8 | $25,000–$40,000 | 1.0–1.5% |
| Mid-rise | 12–30 | 10–14 | $40,000–$75,000 | 0.8–1.2% |
| High-rise | 40+ | 16–24 | $75,000–$150,000 | 0.7–1.0% |
How Compliance Documentation Interacts with the Approval Pathway
Whether a Class 2 project follows a Development Application (DA) plus Construction Certificate (CC) pathway or a Complying Development Certificate (CDC) pathway, the DBP Act documentation obligations apply equally. The approval pathway determines how the building is assessed for planning compliance; the DBP Act determines how the building is designed and built for construction compliance.
For a DA/CC pathway, the sequence is: DA approval → CC documentation (which includes regulated designs) → CC issuance → lodge regulated designs + DCDs on Planning Portal → construction. For a CDC pathway, the sequence is compressed: CDC assessment → CDC issuance → lodge regulated designs + DCDs → construction. The CDC pathway front-loads the consultant engagement because all engineering disciplines must be finalised before the CDC is issued, whereas the DA/CC pathway allows some engineering to be deferred to the CC stage.
Penalties and Enforcement
The Building Commissioner has broad powers under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 to issue stop-work orders, building work rectification orders, and prohibit the issuance of an occupation certificate where DBP Act compliance is not demonstrated. Non-compliance can also trigger fines, disciplinary action against registered practitioners, and in serious cases, prosecution.
Beyond formal penalties, the practical consequence is more severe: a building that cannot demonstrate compliance cannot receive an occupation certificate, which means purchasers cannot settle, the developer cannot draw down on stage payments, and financing costs accrue. The cost of non-compliance is almost always higher than the cost of getting it right the first time.
FAQ: Class 2 Building Compliance Documentation
What documents must be lodged on the NSW Planning Portal for a Class 2 building?
Regulated designs (structural, fire safety, waterproofing, building services, architectural), each accompanied by a separate design compliance declaration, plus the Principal Design Practitioner declaration. The building practitioner lodges these before construction starts. A building compliance declaration is lodged before the occupation certificate is issued.
When must regulated designs be lodged for a Class 2 apartment project?
Regulated designs and their design compliance declarations must be lodged on the NSW Planning Portal before any building work commences. For design variations during construction, the varied design and new declaration must be lodged within one day of the varied work starting. The building compliance declaration is lodged before the occupation certificate application.
What is a design compliance declaration (DCD) and who makes it?
A design compliance declaration is a formal statement by a registered design practitioner that a regulated design complies with the Building Code of Australia and other relevant standards. Since 5 March 2023, a separate single regulated design form must be completed for each regulated design. The DCD is lodged on the NSW Planning Portal by the building practitioner.
What happens if you start building work without lodging regulated designs?
Starting building work without lodged regulated designs and DCDs is a breach of the Design and Building Practitioners Act 2020. The Building Commissioner can issue stop-work orders and building work rectification orders, and the occupation certificate may be refused. Non-compliance can result in fines, disciplinary action, and prosecution of registered practitioners.
What is a building compliance declaration and when is it required?
A building compliance declaration is a statement by the registered building practitioner that building work has been carried out in accordance with the declared regulated designs. It is lodged on the NSW Planning Portal before an application for an occupation certificate is made. No building compliance declaration means no occupation certificate, which prevents purchaser settlement.
Who is the Principal Design Practitioner and what do they do?
The Principal Design Practitioner (PDP) is a registered practitioner who coordinates all design compliance declarations across disciplines for a Class 2 project. The PDP ensures design integration, confirms no gaps exist between specialist designs, and makes the PDP declaration. Every Class 2 project must have a PDP nominated on the Planning Portal before construction starts.
How do design variations during construction get lodged?
When a regulated design changes during construction, the registered design practitioner prepares the varied design, makes a new design compliance declaration, and the building practitioner lodges both on the Planning Portal within one day of the varied work commencing. Work on the affected area may need to stop until the lodgement is confirmed.
What are the penalties for non-compliance with the DBP Act?
The Building Commissioner can issue stop-work orders, building work rectification orders, and occupation certificate prohibitions. Registered practitioners face fines, disciplinary action, and potential prosecution. The practical consequence — inability to obtain an occupation certificate — typically costs developers far more in delayed settlement and financing costs than the compliance documentation itself.
About the Author
Franz Phan is a Registered Design Practitioner under the Design and Building Practitioners Act 2020 (NSW), with 15+ years of experience designing and documenting Class 2 multi-unit residential buildings across Sydney. As Principal Design Practitioner, Franz has coordinated compliance documentation for projects ranging from boutique 4-unit developments to 40+ unit high-rise buildings. giantA Pty Ltd is a NSW registered building design practice based in Parramatta, servicing developers and investors across Greater Sydney and regional NSW.
References
- NSW Government — Design practitioner obligations when working on regulated buildings
- NSW Planning Portal — Developer and Practitioner Resources
- Design and Building Practitioners Act 2020 (NSW) — legislation.nsw.gov.au
- Design and Building Practitioners Regulation 2021 (NSW) — legislation.nsw.gov.au
- NCC 2022 Volume One — ncc.abcb.gov.au
- Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW)
For a feasibility assessment of your Class 2 development, including a DBP Act compliance documentation plan, contact giantA Pty Ltd on 0488 880 787 or visit our contact page.