Design and Building Practitioners Act 2020 (NSW)

Design and Building Practitioners Act 2020 No 7

An Act with respect to the registration of design practitioners, principal design practitioners, professional engineers, specialist practitioners and other building practitioners, compliance declarations and a duty of care; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Design and Building Practitioners Act 2020.

2 Commencement (1) This Act commences on the date of assent to this Act, except as provided by subsections (2) and (3). (2) Part 2, Division 1 of Part 3 and Parts 5–9 and clauses 2–4 of Schedule 1 commence on 1 July 2021. (3) Division 2 of Part 3 commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— Building Code of Australia has the same meaning as in the Environmental Planning and Assessment Act 1979. building compliance declaration—see section 8(3). building element—see section 6. building practitioner—see section 7(1). building work—see section 4. class of building means a building of that class as recognised by the Building Code of Australia. close associate has the same meaning as in the Home Building Act 1989. compliance declaration means a design compliance declaration, principal compliance declaration or building compliance declaration. Department means the department in which this Act is administered. design includes a plan or specification or a report detailing a design. design compliance declaration—see section 8(1). design practitioner means a person who prepares regulated designs. function includes a power, authority or duty, and exercise a function includes perform a duty. occupation certificate means an occupation certificate issued under the Environmental Planning and Assessment Act 1979. performance solution has the same meaning as in the Building Code of Australia. practitioner means a design practitioner, principal design practitioner, professional engineer, specialist practitioner or building practitioner. preparing or varying a regulated design or other design means— (a) actually preparing or varying the design, or (b) coordinating or supervising the preparation or variation of the design. principal compliance declaration—see section 8(2). principal contractor—see section 7(2). principal design practitioner means a person who coordinates the provision of design compliance declarations for the purposes of building work done by a building practitioner. professional engineer means a person who carries out professional engineering work in a prescribed area of engineering within the meaning of section 32. professional engineering work—see section 31. register as a registered practitioner includes renew or restore registration. registered body corporate means a registered practitioner that is a body corporate. registered building practitioner means a person who is registered as a building practitioner under this Act or recognised as a building practitioner under this Act. registered design practitioner means a person who is registered as a design practitioner under this Act or recognised as a design practitioner under this Act. registered practitioner means a registered design practitioner, registered principal design practitioner, registered professional engineer, registered specialist practitioner or a registered building practitioner. registered principal design practitioner means a person who is registered as a principal design practitioner under this Act or recognised as a principal design practitioner under this Act. registered professional engineer means a person who is registered as a professional engineer under this Act or recognised as a professional engineer under this Act. registered specialist practitioner means a person who is registered as a specialist practitioner under this Act or recognised as a specialist practitioner under this Act. registration means registration as a registered practitioner and includes recognition as a practitioner under this Act. regulated design—see section 5. relevant authorisation means any of the following— (a) registration as an architect under the Architects Act 2003, (b) registration as a certifier, or accreditation to carry out regulated work, under the Building and Development Certifiers Act 2018, (c) a contractor licence, endorsed contractor licence, supervisor certificate, tradesperson certificate or owner-builder permit under the Home Building Act 1989, (d) for a person registered under this Act in one class of registration—registration in another class, (e) an authorisation or qualification, however described, that— (i) is issued under the laws of another jurisdiction, and (ii) authorises the holder to carry out work that is substantially similar to the work authorised by an authorisation specified in paragraph (a), (b), (c) or (d), (f) another authorisation or qualification, however described, prescribed by the regulations. Secretary means the Secretary of the Department. specialist practitioner means a person who carries out specialist work. specialist work—see section 34. stop work order—see section 89. Tribunal means the Civil and Administrative Tribunal.