The recently released Design and Building Practitioners Regulation 2021 (Regulations) work alongside the Design and Building Practitioners Act 2020 (NSW) (Act) to provide guidance around the new obligations imposed on builders, designers, and engineers of NCC Class 2 (residential apartments) Buildings. The aim of the Regulations is to raise the standards of the building and construction industry and ensure that buildings are constructed in compliance with the Building Code of Australia. 

Under the new regulation, builders, engineers and design practitioners of Class 2 Buildings (residential apartments) can apply to be registered on the NSW Planning Portal. The regulations also introduce mandatory insurance requirements that will come into effect from 1 July 2022. 

From now, building work on Class 2 buildings cannot commence until regulated designs and design compliance declarations are lodged on the NSW Planning Portal. However, this excludes Class 2 Building work commenced before 1 July 2021. 

Whilst a building practitioner is not required to make a compliance declaration, they must still lodge a copy of all designs relied on to carry out the building work on the NSW Planning Portal before they are able to apply for an Occupation Certificate. 

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