The NSW Design and Building Practitioners Regulation Act 2020 (DBP Act) was introduced in June last year, which intends to restore public confidence in the NSW building industry by regulating the activities of Design Practitioners, Principal Design practitioners, Building Practitioners and Professional Engineers.
Part of the DBP Act has already commenced, but regulations are still needed to give effect to other parts of the Act. A draft Design and Building Practitioners Regulation was released for public comment until 11 January 2021.
The DBP Act imposes a statutory duty of care on any person who carries out construction work. This requires practitioners involved in building design, work, manufacturing or supplying building materials, and those in supervisory roles to exercise reasonable care to avoid economic loss which could be caused by defects relating to or arising from construction work. This duty is owed to current and subsequent owners of the land upon which the construction work is carried out. A breach of this duty will entitle the property owner to damages.