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Posted 18 October 2022
Assuming you have read our article A Comprehensive Guide to the Design and Building Practitioners Act 2020 – Regulation Update and Urgent Building Works – Do you need to comply with the Design and Building Practitioners Act, a question we are often then asked is, do existing projects need to comply with the Design and Building Practitioners Act 2020 (NSW) (D&BPA).
The answer to that questions traverses the transitional period of the D&BPA for both of the:
The transitional provisions under sections 3 & 4 of the D&BPA provide that:
In circumstances where building defects are discovered and the original builder wishes to return to rectify those building defects under the original contract to build the works (provided the works started before 1 July 2021), the transitional provisions apply, and will allow such rectifications to occur without the requirement that new plans be uploaded.
On 1 July 2021, the D&BPA introduced mandatory insurance requirements for registered design practitioners, principal design practitioners, professional engineers and building practitioners.
However, section 107 (5A) of the D&BPA allowed Design and Building Practitioners Regulation 2021 (NSW) (the Regulations) to prescribe exemptions to the insurance requirements that the D&BPA imposed.
The Regulations state:
Don’t get caught out, let Bannermans Lawyers assist you if you are in a situation like this. Our lawyers are up to date on the latest information regarding the D&BPA as it comes.
**If any of the designs for a newly required construction certificate on an existing project were prepared before 1 July 2021 by a practitioner who is not eligible for registration, those designs will need to be reviewed by a registered Design Practitioner who is able to certify those design.
***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.