There’s been a lot of anger, frustration and confusion around the Design and Building Practitioners Act, including claims that it inflates the cost of often simple projects by applying unnecessary approval by professionals, their fees and their additional insurances.

There have also been allegations that some remediation professionals have been feather-bedding the projects to increase their costs unnecessarily.

We asked Fair Trading and Building Commission to respond to some of the complaints.  The following was sent last week from a spokesperson at the NSW Building Commission.

This is their response:

Ensuring adequate support and protection for homeowners remains a regulatory priority for both Building Commission NSW And NSW Fair Trading.

The Design and Building Practitioners Act 2020 (DBP Act) only requires the specific areas of remediation requested by an owner to meet current Building Code of Australia (BCA) standards.

For example, if a unit owner opts to repair internal laundry waterproofing there is no requirement under the DBP Act for balcony balustrades to be upgraded even if they are non-compliant with current BCA standards.

In addition, the DBP Act has not changed the requirement or the way in which remedial work can be undertaken to comply with the (BCA). These requirements are not new, and have been in place under the Environmental Planning and Assessment Act 1979 Act (EP&A Act) since the late 1990s.

In many cases remedial work is excluded from the DBP Act altogether where it meets the definition of ‘exempt development’ under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Building Commission NSW is taking a proactive an approach to clear up confusion on issues relating to the DBP Act by working with peak bodies representing owners, strata managers and remedial contractors.

Detailed information relating to the application of the DBP Act for remedial work has also been made available on the NSW Government website.

Building Commission NSW also has powers to take disciplinary action against registered building and design practitioners by issuing cautions, fines or suspending or cancelling registrations where they are found to be engaging in conduct falling short of the standard of competence and integrity the public expects.

This below standard conduct may include deliberately providing misleading advice in relation to scopes of remedial work required under the DBP Act.

Homeowners concerned about the application of the DBP Act in relation to remedial work on their building are encouraged to contact Building Commission NSW on 13 27 00. They can also make a complaint via the NSW Government website.

Separately, apartment owners concerned about high levies are also encouraged to contact NSW Fair Trading on 13 32 30 or visit the NSW Government website to understand their rights.