Design and Building Practitioners Regulation 2021 (2021-152) (NSW)

Design and Building Practitioners Regulation 2021

Part 1 Preliminary

1 Name of Regulation This Regulation is the Design and Building Practitioners Regulation 2021.

2 Commencement This Regulation commences on 1 July 2021 and is required to be published on the NSW legislation website.

3 Definitions The Dictionary to this Regulation defines certain terms used in this Regulation.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

3A Meaning of "construction issued regulated design" (1) In this Regulation, construction issued regulated design means a regulated design for which a design compliance declaration is provided that— (a) contains the necessary detail to produce building work that would achieve compliance with the Building Code of Australia, and (b) can be used by a building practitioner to carry out the work in accordance with the regulated design and the Building Code of Australia. (2) In subclause (1)(a), the necessary detail includes— (a) the proposed dimensions of the completed building, and (b) the characteristics and materials comprising the proposed building, and (c) the location of the building elements and systems proposed to be built. (3) However, a reference in subclause (2)(a) or (b) to a building is, in relation to a construction issued regulated design for building work carried out under more than 1 construction certificate, a reference to a part of the building to which the construction certificate relates.

Note— See the Act, section 4(3), which provides that a reference to a building includes a reference to part of a building. (4) In addition to subclauses (1)(a) and (2), a construction issued regulated design for building work carried out under more than 1 construction certificate must, as far as reasonably practicable, integrate details of other aspects of the building work to which the design relates.