Registered Design Practitioner vs Architect: Who Can Design Class 2 Buildings in NSW?
By Franz Phan, Registered Design Practitioner (NSW) and Senior Planning Consultant, giantA Pty Ltd
Published: July 2026 | Reading time: 12 minutes
The confusion is costing developers time and money
Every month, apartment developers in Sydney walk into our Parramatta office with the same question: "Do we need an architect for this Class 2 project, or can a registered design practitioner handle it?" The answer is not as straightforward as many assume. Since the Design and Building Practitioners Act 2020 (NSW) came into force on 1 July 2021, the rules governing who can design multi-unit residential buildings have shifted dramatically. Some developers still engage architects out of habit, paying premium fees for work that a registered design practitioner is perfectly qualified to deliver. Others cut corners by using unregistered drafters, risking stop-work orders and compliance failures.
In this article, we unpack exactly who can legally design Class 2 buildings in New South Wales, what the differences are between registered design practitioners and architects, and how to make the right choice for your project. We also explain how the Design and Building Practitioners Act 2021 affects your approval timeline, insurance obligations, and project costs.
What is a Class 2 Building under the BCA?
Before we compare practitioners, it is worth revisiting what a Class 2 building actually is. Under the National Construction Code (NCC) and Building Code of Australia (BCA), Class 2 buildings are multi-unit residential dwellings where occupants live separately from one another. This includes apartments, strata-titled units, townhouses with more than one sole-occupancy unit, and multi-storey residential flat buildings. A single dwelling house (Class 1a), a boarding house (Class 3), or a mixed-use building with commercial space may be treated differently under the BCA, so verifying your building classification at the outset is essential.
Class 2 buildings face the most stringent compliance requirements of any residential class because of fire safety, structural integrity, acoustic separation, and waterproofing obligations. Under Section C of the BCA, Class 2 buildings of three or more storeys must meet Type A construction standards, which demand the highest fire-resisting construction category. This makes the choice of designer more consequential than for a standalone house.
Who can design a Class 2 building in NSW?
Since 1 July 2021, the Design and Building Practitioners Act 2020 (and its accompanying Regulation 2021) has created a new registration regime that governs who can prepare "regulated designs" for Class 2 buildings. Under Section 6 of the Act, the following building elements require regulated design:
- Fire safety systems (sprinklers, detection, EWIS, hydrants, passive construction, fire doors, façade compliance)
- Waterproofing
- Structural components
- Building enclosure works
- Performance solutions
Only a registered design practitioner (or a registered principal design practitioner) can prepare and lodge regulated designs and design compliance declarations on the NSW Planning Portal. Construction cannot legally commence until the registered building practitioner has obtained all regulated designs and the necessary compliance declarations have been lodged.
However, not every aspect of a Class 2 building requires regulated design. Architectural plans, space planning, and aesthetic detailing may fall outside the regulated design framework if they do not relate to the building elements listed above. This nuance is where confusion often arises.
Registered Design Practitioner: what the title means
A registered design practitioner is an individual or body corporate who has applied for and been granted registration under the DBP Act through Service NSW or the NSW Planning Portal. Registration is class-specific, meaning a practitioner must hold the correct class of registration for the work they are undertaking. The classes relevant to Class 2 buildings include:
- Design Practitioner – Architectural
- Design Practitioner – Building Design (Low Rise)
- Design Practitioner – Building Design (Medium Rise)
- Design Practitioner – Fire Safety Engineering
- Design Practitioner – Structural Engineering
- Design Practitioner – Civil Engineering
- Design Practitioner – Façade
To qualify, applicants must demonstrate relevant qualifications, practical experience, knowledge of the BCA, and completion of pre-registration learning requirements. They must also hold appropriate professional indemnity insurance, pass a national police check, and be at least 18 years of age. Continuing professional development (CPD) is mandatory to maintain registration.
Architects: how do they fit in?
Architects in NSW are regulated under the Architects Act 2003, administered by the NSW Architects Registration Board (ARB). To call yourself an architect, you must hold ARB registration, which typically requires completion of an accredited Master of Architecture degree, a period of supervised practice, and passing the Architectural Practice Examination (APE).
Under the DBP Act, architects are not automatically registered design practitioners. An architect must separately apply for registration under the DBP scheme if they intend to prepare regulated designs for Class 2 buildings. Many architects have done so, holding dual registration under both the Architects Act and the DBP Act. However, an architect who has not obtained DBP registration cannot legally lodge regulated designs or compliance declarations on the NSW Planning Portal, even if they are highly experienced.
It is worth noting that architects already carry professional indemnity insurance as a condition of ARB registration, and the DBP transitional arrangements recognised this overlap during the initial rollout period.
Comparison: Registered Design Practitioner vs Architect for Class 2 Work
| Criteria | Registered Design Practitioner | Architect (ARB Registered) |
|---|---|---|
| Legal framework | Design and Building Practitioners Act 2020 (NSW) | Architects Act 2003 (NSW) |
| Can prepare regulated designs for Class 2? | Yes, if holding correct class | Only if also DBP registered |
| Can lodge compliance declarations? | Yes | Only if also DBP registered |
| Typical qualifications | Diploma/Advanced Diploma in Building Design, or relevant degree + experience | Master of Architecture + APE |
| Scope for Class 2 | Regulated designs, compliance declarations, BCA assessment | Concept design, DA documentation, aesthetic oversight (if not DBP registered, cannot lodge regulated designs) |
| Insurance requirement | Professional indemnity per DBP Regulation | Professional indemnity per ARB + DBP if dual registered |
| CPD requirements | Mandatory under DBP Regulation Schedule 3 | Mandatory under ARB CPD program |
| Typical fee range (Class 2 design) | $8,000 – $25,000 | $25,000 – $80,000+ |
When you need an architect
There are clear scenarios where engaging an architect is not just preferable but necessary:
Complex or landmark projects: If your Class 2 development is architecturally significant, involves heritage constraints, or targets design awards, an architect's training in spatial design, urban context, and aesthetic resolution is invaluable. Architects bring a level of design thinking that goes beyond compliance.
Projects requiring town planning expertise: Many architects in Sydney are dual-qualified in urban design and have deep relationships with council planning departments. For contentious DA applications, this can be decisive.
Developer branding and marketing: High-end apartment projects often use the architect's name as a selling point. Buyers recognise prestige architects, and this can translate to presale premiums.
When the architect is also DBP registered: If your architect holds both ARB and DBP registration, they can manage the entire design and compliance process end-to-end, providing a single point of accountability.
When a registered design practitioner is sufficient
For the majority of Class 2 projects in Sydney's middle market, a registered design practitioner (particularly one with building design and architectural classes) is fully capable and often more cost-effective:
Standard apartment developments: If your project is a typical 6-to-20-unit walk-up or low-rise apartment building with conventional construction, a registered design practitioner can prepare all regulated designs, manage BASIX and NatHERS compliance, and coordinate with structural and fire safety engineers.
Budget-sensitive projects: Design practitioner fees are typically 30–60 percent lower than architect fees for equivalent compliance work. For developers working to tight margins, this matters.
CDC pathways: Complying Development Certificate applications for Class 2 buildings under the Housing SEPP often do not require architectural flair but do require meticulous BCA compliance. Registered design practitioners excel here.
Speed to market: Registered design practitioners are often more agile, with shorter lead times for documentation and lodgement.
Real project example: Merrylands 12-unit townhouse development
In 2024, a property investor approached giantA to design a 12-unit townhouse development in Merrylands. The site was zoned R3 Medium Density Residential, and the client had a firm budget cap. We engaged as the principal design practitioner (architectural class) and coordinated with a registered structural engineer and fire safety engineer.
The development application was lodged within 14 weeks of engagement. The project achieved CDC approval under the Low-Rise Housing Diversity Code, avoiding the 6-to-9-month DA timeline. The client saved approximately $35,000 in design fees compared with architect quotes, while all regulated designs and compliance declarations were lodged correctly on the NSW Planning Portal. Construction commenced in March 2025, and the project is on track for completion in late 2026.
Real project example: Parramatta 8-unit apartment renovation
A strata corporation in Parramatta engaged giantA for a major renovation of an existing 8-unit Class 2 building built in the 1980s. The scope included structural modifications to create open-plan living areas, new fire-rated compartmentation, and façade replacement to address combustible cladding compliance.
Because the work involved regulated designs for structural, fire safety, and façade elements, a registered design practitioner was legally required. We prepared all regulated designs, engaged a fire safety engineer for the performance solution, and lodged compliance declarations in stages as construction progressed. The project secured its occupation certificate in May 2025, 8 months after engagement.
Real project example: Blacktown mixed-use feasibility
For a mixed-use development in Blacktown comprising 15 residential units over two ground-floor commercial tenancies, we provided feasibility design services during the due diligence phase. The Class 2 component required assessment against BASIX, Section J energy efficiency, and acoustic separation under BCA Part F. Although the project ultimately proceeded with an architect for branding reasons, our initial registered design practitioner assessment identified a $12,000 saving in the BASIX thermal performance pathway by recommending the Passive House Standard method introduced in May 2026.
Regulatory update: 2026 changes developers should know
Two regulatory changes in 2026 affect Class 2 design practitioner obligations:
Passive House Standard Method for BASIX: From 1 May 2026, the BASIX tool allows compliance via the Passive House Standard method, a performance-based alternative to the traditional Simulation method. This is particularly relevant for Class 2 buildings where achieving 7-star NatHERS ratings is challenging. Registered design practitioners can now specify this pathway, provided a certified Passive House designer is engaged and a blower door test ≤0.6 ACH50 is conducted post-construction. See NSW Planning Portal – Passive House Standard Method.
Expanded DBP compliance audits: The NSW Building Commissioner has increased random audits of lodged compliance declarations. In 2025–26, 12 percent of Class 2 projects were selected for audit, up from 8 percent the previous year. Incomplete or inaccurate declarations now attract penalties of up to $22,000 for individuals and $110,000 for corporations under Section 37 of the DBP Act.
Cost comparison: design fees for a typical 10-unit Class 2 project
| Design element | Registered Design Practitioner | Architect (dual DBP registered) |
|---|---|---|
| Concept design + DA/CDC documentation | $12,000 – $18,000 | $30,000 – $45,000 |
| Regulated designs (structural, fire, waterproofing coordination) | $5,000 – $8,000 | $8,000 – $15,000 |
| BASIX + NatHERS assessment | $1,500 – $2,500 | $2,000 – $3,500 |
| BCA Section J / energy efficiency | $2,000 – $3,500 | $3,000 – $5,000 |
| Total estimated design fees | $20,500 – $32,000 | $43,000 – $68,500 |
Note: These figures are indicative for a standard 10-unit, 3-storey walk-up in Western Sydney, 2026 pricing. Complex sites, performance solutions, or heritage constraints will increase costs.
Mistakes to avoid
Assuming an architect is automatically DBP registered: Always verify your architect's DBP registration status on the NSW Planning Portal practitioner register before engagement. ARB registration alone is insufficient for regulated design work.
Using unregistered drafters: Building designers who are not registered under the DBP Act cannot prepare regulated designs, even if they are highly experienced. Using them exposes the project to stop-work orders and voids insurance.
Forgetting staged lodgement: For large Class 2 projects, regulated designs can be lodged in stages. Failing to plan this can delay construction commencement by months.
Neglecting CPD checks: Ensure your design practitioner's registration and CPD are current. Lapsed registration invalidates compliance declarations.
How to verify registration
Before engaging any designer for a Class 2 project:
- Search the NSW Planning Portal practitioner register at planningportal.nsw.gov.au
- Confirm the class of registration matches the work scope (architectural, building design, fire safety, etc.)
- Request evidence of current professional indemnity insurance
- Verify CPD compliance for the current registration period
- Check for any disciplinary actions or restrictions
Frequently Asked Questions
Can a building designer design a Class 2 building in NSW?
A building designer can design a Class 2 building only if they are registered as a Design Practitioner – Building Design (Low Rise) or (Medium Rise) under the DBP Act. Unregistered building designers cannot prepare regulated designs or lodge compliance declarations. For non-regulated elements (aesthetic detailing, space planning), an unregistered designer may contribute under the supervision of a registered practitioner.
Do architects need DBP registration?
Yes, if they intend to prepare regulated designs or lodge compliance declarations for Class 2 buildings. ARB registration alone does not satisfy the DBP Act requirements. Many Sydney architects have obtained dual registration, but developers should verify this independently.
What happens if construction starts without lodged regulated designs?
Under Section 16 of the DBP Act, a registered building practitioner cannot commence building work until all regulated designs and compliance declarations have been lodged. Starting work without these documents is an offence and can result in stop-work orders, fines, and difficulty obtaining an occupation certificate.
Can a principal design practitioner oversee multiple disciplines?
A registered principal design practitioner can coordinate and take overarching responsibility for a project's regulated designs, but each regulated design must still be prepared by a practitioner holding the correct class of registration. The principal design practitioner cannot prepare a structural design unless they are also registered as a Design Practitioner – Structural Engineering.
Is there a transitional exemption for projects started before 1 July 2021?
Designs prepared before 1 July 2021 can still be used for building work commenced before 1 July 2022, provided they are reviewed by a registered design practitioner who issues a certificate of design compliance. If designs undergo variation after 1 July 2021, the full DBP Act requirements apply.
How long does DBP registration take?
Applications through Service NSW typically take 4 to 8 weeks, assuming all documentation (qualifications, insurance, police check, CPD evidence) is complete. Complex applications or those requiring additional evidence can take 12 weeks or more.
What is the difference between a design compliance declaration and a building compliance declaration?
A design compliance declaration confirms that regulated designs comply with the BCA and other relevant standards. It is lodged by the registered design practitioner. A building compliance declaration confirms that the completed building work complies with the lodged regulated designs and the BCA. It is lodged by the registered building practitioner.
Are there exemptions for small Class 2 buildings?
From 1 July 2024, certain low-risk Class 3 buildings and Class 9 buildings with minor Class 3 components are exempt from DBP requirements. However, Class 2 buildings are not exempt, regardless of size. All Class 2 projects require regulated designs and compliance declarations.
Conclusion: choose the right practitioner for your project
The question is not whether a registered design practitioner is "better" than an architect, but which professional is appropriate for your specific Class 2 project. For standard apartment developments, CDC pathways, and budget-conscious investors, a registered design practitioner offers full legal compliance at a significantly lower cost. For complex, landmark, or brand-sensitive projects, an architect (preferably dual DBP registered) brings design depth and market prestige.
At giantA, we are registered design practitioners under the DBP Act, with specific classes covering architectural design, building design (medium rise), and fire safety coordination. We have delivered more than 40 Class 2 projects across Western Sydney since 2021, from 6-unit walk-ups to 20-unit strata developments. If you are planning a Class 2 building and are unsure whether you need an architect or a registered design practitioner, contact us for a free consultation.
Author: Franz Phan is a Registered Design Practitioner (NSW), Senior Planning Consultant at giantA Pty Ltd, and a specialist in multi-unit residential approvals under the Design and Building Practitioners Act 2021. He has overseen Class 2 developments from concept to occupation certificate across Parramatta, Merrylands, Blacktown, and Liverpool.
References:
- Design and Building Practitioners Act 2020 (NSW) – legislation.nsw.gov.au
- Design and Building Practitioners Regulation 2021 (NSW) – legislation.nsw.gov.au
- NSW Government – Building Classes and Roles of Professionals – nsw.gov.au
- NSW Planning Portal – Design Practitioner Obligations – planningportal.nsw.gov.au
- Australian Institute of Architects – NSW DBP Act and Regulations – architecture.com.au
- National Construction Code 2025 – Building Code of Australia, Section C (Fire Resistance) – ncc.abcb.gov.au
- NSW Planning Portal – Passive House Standard Method (May 2026) – planningportal.nsw.gov.au