NSW has passed the Building (Approvals and Practitioners) Act 2026, a significant reform package that will ultimately repeal and replace the Design and Building Practitioners Act 2020 (DBP Act), the DBP Regulation, and the Building and Development Certifiers Act 2018 framework. The new Act received assent on 14 August 2026, but the key message for industry is that the substantive reforms are not yet in force.
For builders, designers, engineers, certifiers and developers, this does not immediately remove current DBP obligations. Until the new provisions commence, the existing DBP Act and Regulation continue to govern regulated designs, compliance declarations, practitioner registration and related obligations.
When will the changes start?
Most of the Building (Approvals and Practitioners) Act will commence on a future date or dates to be appointed by proclamation. The NSW Building Commission has confirmed that the reforms will take effect only once the associated regulations have been developed. Consultation on those regulations is expected to occur in 2026 and 2027.
Accordingly, there is presently no fixed commencement date for the main approvals, practitioner-registration and prefabricated-building framework.
Two limited planning-related amendments commenced on assent, but these do not amount to general commencement of the new building approvals regime.
The practical takeaway is:
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Item |
Current position |
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New Act |
Assented on 14 August 2026. |
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Main operational reforms |
Not yet in force; to commence by proclamation. |
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Regulations |
Still being developed, with industry consultation during 2026–27. |
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Current DBP regime |
Continues to apply until the replacement provisions commence. |
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Practical industry action |
Continue using present DBP processes and monitor consultation material and commencement proclamations. |
What will change?
The reform goes beyond a simple renaming of the DBP Act. It consolidates building approvals and practitioner regulation into a single statute while retaining much of the existing DBP compliance architecture for building element work.
Key changes include:
- DBP Act and DBP Regulation repealed: The new Act expressly repeals the Design and Building Practitioners Act 2020 and Design and Building Practitioners Regulation 2021 when the replacement regime commences.
- Current compliance concepts retained: Building practitioners will still need to obtain regulated designs and design compliance declarations for prescribed building-element work, and to take reasonable steps to ensure that the work complies with the Building Code of Australia. The detailed scope will be prescribed by regulation.
- New approvals terminology: Construction certificates are intended to be replaced by building approvals, and occupation certificates will become completion approvals.
- A consolidated approvals system: The Act moves the building approval process out of the fragmented EP&A framework and establishes a single system for approvals, variations, staged work and completion/occupation.
- Prefabricated and modular buildings: Prefabricated buildings will be expressly recognised in legislation and integrated into the approvals framework. Manufacturers will have documentation obligations, including prefabricated building declarations and instructions.
- Approval authorities replace the familiar certifier-centric model: Councils and appropriately registered persons may serve as approval authorities, with clearer responsibilities across the approval, inspection and completion functions.
- Stronger certifier integrity provisions: The reforms also introduce strengthened conflict-of-interest controls for approvals work. The Government has stated that maximum penalties for serious breaches will increase from $33,000 to up to $1.1 million.
- Dispute-resolution framework: Amendments to the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 will enable a structured dispute-resolution scheme for occupied apartment buildings, with operational details to be set by regulation.
What this means for DBP work
For Class 2 work and mixed-use buildings containing a Class 2 part, do not assume that the end of the DBP Act means the end of regulated designs, design compliance declarations, practitioner obligations, or Planning Portal lodgements. The new Act is designed to carry forward key DBP-style controls within a broader approvals and practitioner framework.
This is particularly relevant to remedial works. Under the current DBP regime, exempt-development status does not necessarily remove DBP obligations for Class 2 remedial work. Depending on the work and applicable exclusions, remedial waterproofing, recladding and other work affecting prescribed building elements may still require regulated designs and compliance declarations. The treatment of equivalent work under the new Act will depend on the final regulations and transitional provisions.
The future regulations will be critical because they are expected to set out:
- Which buildings and building elements require regulated designs and declarations.
- Registration classes, eligibility, qualifications, supervision and insurance requirements.
- The exact documentation and approval requirements for prefabricated buildings.
- Exemptions and transitional arrangements.
- Details of staged approvals, completion approvals, dispute resolution and enforcement processes.
Keynote
Industry should treat this as a transition, not deregulation. The Building (Approvals and Practitioners) Act 2026 has received assent, but with limited exceptions its substantive provisions do not commence until a date or dates appointed by proclamation. The NSW Building Commission has indicated it will develop supporting regulations in consultation with industry in 2026 and 2027. Until the new regime commences, businesses should continue to comply with the current DBP, certification and Planning Portal requirements applicable to their projects and closely monitor the final regulations and transitional arrangements.
This article provides general information only. The practical application of the new regime will depend on the commencement proclamation, final regulations and transitional provisions. Seek project-specific advice where work is approaching approval, construction, or completion during the transition.
Article Links
https://www.parliament.nsw.gov.au/parliamentary-business/hansard/hansard-bill-details?id=18895