Remediation Works
The Design and Building Practitioners Act 2020 and Design and Building Practitioners Regulation 2021.
The Design and Building Practitioners Act 2020 and Design and Regulation 2021 (the DBP legislation) were established to raise the standards of building design and work to restore confidence in the NSW construction industry. The obligations under the DBP legislation are in addition to design requirements under other legislation, including the Environment Planning and Assessment Act 1979.
The DBP legislation applies to any building work can be done on a class 2 building or a building with a class 2 part, which includes rectification work whether building approval was required or not.
The DBP legislation requirements include a registered design practitioner must prepare designs for that building element or performance solution and complete a Design Compliance Declaration that the work meets the requirements of the Building Code of Australia. These designs and declarations must be lodged on the NSW Planning Portal by the registered building practitioner before building work can commence, including where the work is not done under a Construction Certificate (CC) or Complying Development Certificate (CDC).
The Regulation excludes certain work from being building work under the Act. Regulated designs are only required for building work, so if an exemption applies, regulated designs and declarations are not required. Clause 13 of the Regulation sets out the exemptions.
Under the Environmental Planning and Assessment Act 1979 (EP&A Act), authorised Council Officers have the power to issue a range of compliance orders on developers and property owners/occupiers. A Development Control Order (DCO) requires a form of specific performance or remedial action to be undertaken as mandated under the EP&A Act. Where this has occurred, a separate building approval is not required to undertake works to comply with the terms of the Order, however the cladding rectification orders are subject to the requirements of the DBP Act.
How to apply
Register for a NSW Planning Portal account to start your application.
Log in to complete the online application form. You may be required to submit further documents to support your development application.
Resources
Submit a Remediation Works Application
Submit a Remediation Works Application
You can request Remediation Works by submitting an application on the NSW Planning Portal.