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Design and Building Practitioners Act 2020 (NSW)


Design and Building Practitioners Act 2020 (NSW) (the Act) passed on 11 June 2020.

The Act imposes new obligations on builders for certain buildings. The classes of buildings will be prescribed by the regulations, set to be released in early 2021.

From 11 June 2020: statutory duty of care is imposed on builders to exercise a duty of care to avoid economic loss caused by defects.

From 1 July 2021:

  • Builders undertaking certain works in NSW will be required to register with the appropriate body and make declarations they have complied with the Building Code of Australia.
  • Obligations on Builders to make certain prescribed declarations before a C of O can be issued.
  • Certain variations may need to be referred back to the registered design practitioner for approval before the builder can undertake the variations.