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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 05 September 2023
Category: Building Defects
Introduction
The NSW Government recently made the Designers and Building Practitioners Regulation 2021 (āRegulationā) under the Designers and Building Practitioners Act 2020 (āActā), assisting greatly in establishing how the Act will be phased in and work in practical terms. The Act operates in conjunction with the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 which we have considered in a separate article titled Building Commissioners New Powers.
We have prepared this article to assist in determining what action you should take in light of the new legislation. This article is aimed at strata schemes, their strata managing agents and others dealing with design and building practitioners. Design and building practitioners will require advice far beyond the scope of this article and should consider obtaining urgent legal advice, as they have a lot to do by 30 June 2021 and may well already be engaged in activities which will be impacted by the new legislation.
The Act imposes new obligations on design and building practitioners, focused on improving performance. Persons dealing with design and building practitioners need to consider the following:
The Act commences in stages:
And after this:
Duty of Care
The Act provides that specified parties owe a duty of care in relation to specified forms of construction work.
Key features:
Registration Regime
The Act restricts specified kinds of work to registered practitioners:
For registration, an application to the Secretary is required. The Secretary must be satisfied as to the qualifications, skills, experience and professional indemnity insurance of the Applicant, with the possibility of registration being varied, suspended or cancelled in certain circumstances.
There are some transitional arrangements for current practitioners.
Regulation of Regulated Designs
Key concepts:
Key obligations:
Investigation & Enforcement
The Act impose severe penalties for non-compliance.
The Act also provides for the appointment of authorised officers with wide-ranging powers to investigate compliance, including powers to:
The Secretary can also issue a ‘stop work’ order if the Secretary is of the opinion that the work is or is likely to be carried out in contravention of the Act and such contravention could result in significant harm or loss to the public, potential occupiers or significant damage to property.
Remedial Works
Fortunately, not all remedial works are captured by the provisions, and a consideration of the complicated exemption provision found at clause 13 of the Design & Building Practitioners Regulation 2021 should be undertaken if you wish to avoid these implications: https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0152#sec.13.
Reasonable excuse for not complying
Fair Trading has provided some guidance in relation to where emergency works permit non-compliance with the design and registrationĀ requirements of the D&BPA. This is a complex area but you can read more here: Urgent Building Works: Do you need to comply with the Design and Building Act?
Enquiries
Ā Understandably, due to the complexity of this legislation feel free to contact us to obtain advice on:
Ā Some other interesting related articles
Ā The Subcontractors Conundrum: How the D&BPA Empowers Owners Corporations to Pursue Justice
A history of the cases exploring the duty of care under the Design & Building Practitioners Act 2020
What is a Class 1 and what is a Class 2 Building?
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.