Class 2 Remedial Building Work NSW 2026: When the DBP Act Requires CIRDs, RDP Design Compliance Declarations and Planning Portal Lodgement

Answer first: Remedial building work on NSW Class 2 buildings (including mixed-use with a Class 2 part) is regulated under the Design and Building Practitioners Act 2020 and DBP Regulation 2021. A registered design practitioner prepares Construction Issued Regulated Designs (CIRDs) with design compliance declarations; the building practitioner lodges them on the NSW Planning Portal before related work starts — unless verified emergency remedial criteria apply.

Does the DBP Act apply to Class 2 remedial and defect rectification work?

Yes. Building Commission NSW explains that remedial building work — repair or upgrades on existing buildings, or defect rectification and corrective actions — is captured by the DBP legislation for class 2 buildings (including mixed-use buildings with a class 2 part), unless the work is excluded or it is emergency remedial building work. The DBP Act and DBP Regulation applied to Class 2 remedial work from 1 July 2021.

For certain class 3 and 9c buildings, NSW.gov states that remedial building work remains excluded from DBP regulation until July 2028, with alteration or renovation work on existing class 3 and 9c buildings coming into effect from 1 July 2028. Class 2 (new and existing) continues under the current scheme. Always re-check the live NSW.gov building-classes page before programming a non–Class 2 remedial package.

This pathway is distinct from a new-build Construction Certificate / Occupation Certificate package. Sister giantA guides cover Class 2 Construction Certificates and regulated designs before work, Occupation Certificates / as-built / final declarations, and which building elements need an RDP design compliance declaration.

Sources: NSW Government — Remedial building work · Building classes and roles · Design practitioner obligations.

What is a Construction Issued Regulated Design (CIRD) for remedial work?

For non-emergency remedial work that is building work under the DBP Act, a registered design practitioner must prepare a Construction Issued Regulated Design. NSW.gov describes a CIRD as a regulated design that contains the necessary detail to produce building work that would achieve compliance with the Building Code of Australia (BCA / NCC) and that a building practitioner can use to carry out the work in accordance with the regulated design and the BCA. Under clause 3A of the DBP Regulation 2021, a construction-issued regulated design is defined as a regulated design containing all the necessary detail for the building practitioner to carry out building work and that is compliant with the BCA.

Key CIRD content expectations published for remedial work include:

• plans that identify the location of the work
• drawings at an appropriate scale with details specific to the remedial scope (for example sections, details, specifications)
• documentation that demarcates remedial work from the existing building (specifications, plans, drawings, pictorial representation)
• a schedule of materials or products
• a specification describing performance requirements

NSW.gov also suggests general elevations and/or general sections (which may be digital drawings, marked-up photos, sketches or pictorial diagrams) so owners and practitioners can see where remedial work sits in the overall building. Level-of-detail guidance sits in Building Commission NSW’s Regulated Design Guidance Material — use the live publication rather than inventing a drawing checklist.

Related reading: Class 2 building design NSW · Registered architect design review · RDP, building practitioner and PDP collaboration.

Who prepares the CIRD — and who lodges on the Planning Portal?

Roles are split under the DBP scheme:

The class of design practitioner required depends on the remedial scope. NSW.gov states that registered design practitioners in the classes of architectural, structural or civil engineering, with relevant experience and expertise, are authorised to prepare regulated designs for waterproofing work (internal and external). Registered design practitioners in the class of façade are authorised to prepare regulated designs for waterproofing of façades (external). Practitioners must confirm their registration class and scope of authority against DBP Act Schedule 1 Part 2 and the Design Practitioners’ Handbook — this article does not invent a closed list of every remedial discipline.

Sources: Remedial building work — NSW.gov · Building classes and roles.

What must be lodged on the NSW Planning Portal for non-emergency remedial work?

For remedial building work that is not emergency work, the building practitioner lodges relevant documentation on the NSW Planning Portal. NSW.gov lists:

1. Construction Issued Regulated Designs (CIRDs)
2. Design compliance declarations
3. Building compliance declaration and other documents, including the contractor document and other documents required prior to applying for an occupation certificate where an OC pathway applies

The Planning Portal’s remediation-works guidance confirms that DBP requirements can apply to rectification work whether or not a separate building approval (CC/CDC) was required — including work under a Development Control Order in some cladding/rectification contexts. Where there is no building approval case, practitioners still use the Portal pathways documented for work that does not require building approval / Remediation Works case types. Follow the live Planning Portal — Remediation Works and practitioner QRGs rather than inventing case names or fees.

If variations arise mid-remedial project, treat building-element and performance-solution changes as declared design updates — see Class 2 design variations mid-build. NSW.gov is clear that it is an offence under the DBP legislation for related building work to be performed without it being reflected in the CIRD.

When is waterproofing remedial work excluded from DBP “building work”?

Exempt development under an environmental planning instrument can be excluded from DBP building work — but waterproofing is a known trap. NSW.gov states that waterproofing is an example of exempt development that is not always excluded under the DBP Act. Waterproofing work requires a design practitioner to produce regulated designs unless it is specifically excluded by clause 13 of the DBP Regulation. Exclusion applies only if each of the following conditions is met:

• it is carried out as a result of alterations to a bathroom, kitchen, laundry or toilet; and
• the work, including the agreement to carry out the work, only relates to a single dwelling; and
• it must be exempt development.

Multi-lot strata roof membranes, balcony waterproofing across common property, and façade waterproofing typically fall outside that narrow carve-out. Confirm clause 13 against the live Regulation and the NSW Planning remedial / Codes SEPP fact sheet before assuming “exempt = no CIRD”.

Sources: Remedial building work — NSW.gov · DBP Regulation 2021 (legislation.nsw.gov.au) · Remedial building work — Codes SEPP fact sheet (PDF).

When does the emergency remedial carve-out apply?

Emergency remedial building work does not require regulated designs lodged on the Planning Portal before the work is completed — but only if the statutory criteria are met. Building Commission NSW states that remedial building work is only ‘emergency remedial building work’ if all of the following apply:

1. immediate action is necessary to remedy an issue; and
2. the issue is causing, or is likely to cause, damage to the building and results in the inability to inhabit or use the building (or part) for its intended purpose, or a risk to health or safety, or a risk of further damage to the building (or part); and
3. these impacts, or likely impacts, are serious in nature; and
4. the work undertaken is limited to what is necessary to mitigate those impacts until further remedial building work can be undertaken.

Planned whole-of-roof membrane replacements with only minor leakage, while quotations are obtained, are expressly given as not emergency work. Temporary localised patching that restores habitability while a full membrane project is planned may be emergency work in the published case studies — subsequent permanent rectification still needs the full CIRD / declaration pathway.

For emergency work, the building practitioner may rely on a “reasonable excuse” under section 19 of the DBP Act to proceed without prior regulated designs and design compliance declarations, but must still complete a building compliance declaration and lodge via the Portal’s Remediation works case type:

• building compliance declaration
• emergency remedial work document
• contractor document

Those documents must be uploaded within 7 days of completing the emergency remedial work. Subsequent related remedial work is not covered by a continuing “reasonable excuse” — engage RDPs and obtain declared designs before that further work starts. Building Commission NSW audits emergency claims.

Source: NSW Government — Emergency remedial building work.

How should CIRDs demarcate remedial work from the existing building?

NSW.gov emphasises demarcation so practitioners declare what they are responsible for — and so known BCA non-compliances outside the scope are handled transparently:

• On the CIRD: use scaled plans, sections and elevations with annotations that separate existing fabric from new remedial work.
• Known non-compliances before start: where possible, stage or demarcate so the remedial design does not interfere with an unrelated non-compliance. If the design must interfere to achieve NCC compliance (for example balcony waterproofing that engages a non-compliant sliding door or balustrade), the interfering element must be upgraded. Safety-critical non-compliances left outside scope should still be documented and referred to the owner.
• Non-compliances found after start: if work can continue unaffected, reference the finding in a CIRD variation lodged by the building practitioner. If the finding impacts scope, stop related work until an amended scope and varied CIRDs are agreed. Investigative opening-up may be needed before owners can decide.

Owners corporations are encouraged to investigate thoroughly before committing to a remedial contract — scanning, testing and destructive investigation up front reduce mid-project variations and liability disputes.

What process should strata, developers and builders follow?

1. Classify the building and the work — Class 2 / mixed-use with Class 2 part? Building element or performance solution? Exempt development? Emergency criteria?
2. Engage registered practitioners — check the public register for the correct RDP class(es) and building practitioner registration before awarding contracts.
3. Investigate and freeze scope — document existing fabric, known defects and demarcation boundaries.
4. Prepare CIRDs + design compliance declarations — RDPs produce construction-level detail aligned to the BCA / NCC for the remedial scope.
5. Lodge before work starts — building practitioner lodges CIRDs and DCDs on the Planning Portal (Remediation Works / no-approval pathway as applicable).
6. Build only to declared designs — vary via updated regulated designs / statements; do not “catch up paperwork” after opening the façade.
7. Close with building compliance declaration — contractor document and any OC-related documents if occupation certification is in play.
8. Expect audits — Building Commission NSW may inspect registration, CIRD detail and BCA / Standards compliance; non-compliance can attract education, warnings, orders or penalties.

Pathway pages: Class 2 building design · Architectural services · Help.

Frequently asked questions

Does Class 2 remedial work always need a Construction Certificate?

Not always. DBP obligations can apply whether or not a CC or CDC is required. Some remedial work may be exempt or complying development under the Codes SEPP for planning purposes, yet still need CIRDs and declarations under the DBP Act. Confirm both the planning pathway and the DBP pathway separately.

Can the owners corporation authorise “emergency” work for a planned full façade remediation?

Only if the published emergency criteria are met and the work is limited to mitigation until further remedial work can proceed. Planned whole-of-element upgrades with time to obtain designs and quotations are not emergency work. Subsequent permanent work needs declared CIRDs before commencement.

Who lodges CIRDs — the RDP or the builder?

The registered building practitioner is responsible for lodging regulated designs and design compliance declarations on the NSW Planning Portal. An appropriate practitioner (including a PDP in some setups) may assist with upload, but the building practitioner remains accountable for lodgement before related building work starts.

Which RDP class prepares waterproofing CIRDs?

NSW.gov authorises architectural, structural or civil engineering RDPs (with relevant experience) for internal and external waterproofing regulated designs, and façade-class RDPs for façade waterproofing. Match registration class to scope; do not assume one class covers every interface.

When do Class 3 and 9c remedial obligations start?

As published on NSW.gov (page last updated July 2026), remedial building work for class 3 and 9c is excluded until July 2028, with alteration/renovation obligations for existing class 3 and 9c from 1 July 2028. Class 2 remedial obligations have applied since 1 July 2021. Re-verify dates on nsw.gov.au before relying on them in contracts.

What happens if non-compliant fabric is found after remedial work starts?

If work can continue unaffected, document the finding in a CIRD variation. If scope is impacted, stop related work, investigate as needed, agree an amended scope with the owner, and produce varied CIRDs before continuing. Performing related building work outside the CIRD risks an offence under the DBP legislation.

Where should developers and strata start if they need RDP support?

Brief a correctly registered design practitioner early with defect reports, survey, photos and any prior drawings. giantA can coordinate Class 2 regulated design packages for remedial scopes — start via Help.

If your owners corporation, developer or builder is scoping Class 2 remedial or defect rectification work in Greater Sydney or NSW, ask giantA via Help about Construction Issued Regulated Designs and design compliance declarations aligned to the DBP Act. Soft next step only — no invented fees or turnaround promises. Also see Class 2 building design NSW, registered architect design review and architectural services.

Preferred sources (verify current versions)

• NSW Government — Remedial building work in regulated buildings
• NSW Government — Emergency remedial building work
• Design practitioner obligations
• Building classes and roles under the DBP scheme
• NSW Planning Portal — Remediation Works
• Design and Building Practitioners Act 2020
• Design and Building Practitioners Regulation 2021