Regulated design (NSW DBP Act)

A regulated design is a design, including a plan, specification or report detailing a design, prepared for a building element or for a performance solution on a regulated building under the Design and Building Practitioners Act 2020 (NSW) (verified 2026-06-11). Regulated buildings are Class 2 (apartments), Class 3 (boarding houses, hostels, residential care), and Class 9c (aged care) buildings, plus mixed-use buildings containing any of those classes. Class 3 and Class 9c came into scope on 3 July 2023 (verified 2026-06-11).

Six building elements trigger the requirement (DBP Act 2020 s 6, verified 2026-06-11): fire safety systems; structure (load-bearing components including foundations, floors, walls, roofs, columns and beams); waterproofing; building enclosure (the skin separating inside from outside: roof systems, walls, windows, doors); mechanical, plumbing and electrical services required to achieve BCA compliance; and vertical transportation (lifts and escalators required for BCA compliance, added by the DBP Regulation 2021). A performance solution (an alternative BCA compliance method rather than a deemed-to-satisfy solution) also requires a regulated design regardless of which element it relates to.

A regulated design must be prepared, or its preparation directly supervised, by a registered design practitioner whose registration class covers the relevant element (verified 2026-06-11 against NSW Fair Trading design practitioner guidance).

Lodgement. The registered building practitioner must lodge every construction-issued regulated design and its compliance declaration on the NSW Planning Portal before any building work related to that design can start (verified 2026-06-11). The certifier is prohibited from issuing a Construction Certificate (CC) or Complying Development Certificate (CDC) unless all regulated designs and declarations for the relevant elements are on the Portal (DBP Regulation 2021 cl 29, verified 2026-06-11). For the builder: if a design practitioner has not lodged for an element, you cannot lawfully start work on it. Budget for lodgement turnaround when programming.

Variations. When a variation affects a building element, the builder must obtain the new regulated design and updated compliance declaration before commencing the varied work, then lodge both on the Portal within one day of commencing (verified 2026-06-11 against NSW Government building practitioner obligations guidance). Any variation left unlodged creates a gap in the Portal record and can complicate the Occupation Certificate.

Also known as: regulated design document; DBP regulated design; declared design.

Category: Compliance.

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