A few weeks ago, we conducted a webinar where Sedgwick detailed the tendering process when carrying out remedial work. Below are a few of the questions from our audience that came up during the session, including whether compliance with the DBPA is compulsory.
Question: The DBPA has introduced cost and resource overheads. Is compliance with the DBPA compulsory?
We are a small block of eight lots built in the 1980s. We are experiencing waterproofing issues. The Design and Building Practitioners Act 2020 (DBPA) has introduced cost and resource overheads. Is compliance with the DBPA a compulsory tender requirement? Is there a legal obligation, with penalties for non-compliance, to follow the DBPA? Can we remove compliance requirements from our invitations to tender?
Answer: The primary objective of the Design and Building Practitioners Act 2020 is to protect consumers.
Ultimately, the standard is the standard, and you are required to comply. It is a short-term pain for a long-term gain. While people think it’s onerous and will add cost and time, it must be followed and embraced because the primary objective is protecting consumers.
It may add time and cost to the front end of the project, but it will give you a good outcome in the end. You cannot exclude compliance with the DBPA from a tender. It’s the law for class 2 buildings in NSW.
We have encountered owners who had work done by someone qualified to do a design. However, they were not registered practitioners. The building threw away money because they then had to go back and rework the design with someone who was a registered practitioner. You don’t want to do things twice or three times. You’re much better off doing it right the first time.
Bruce McKenzie & Edwina Feilen
Sedgwick
E: [email protected]
P: 1300 735 720
This post appears in the April 2024 edition of The NSW Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NAT: Scope of Work Assisting Committees to Manage Rising Costs
- NAT: Changing the landscape of consumer protection (Project Intervene)
Visit our Strata Building Defects OR NSW Strata Legislation.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Leave a Reply