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NSW: Renovations To Your Apartment And What The Design And Building Practitioners Act 2020 Means For You

Renovation

This article about changes to your renovations process has been supplied by Gemma Lumley and Allison Benson, Kerin Benson Lawyers.

Lot owners who wish to carry out works to their apartment will need to consider whether the works they want to carry out will be subject to provisions under the Design and Building Practitioners Act 2020 (DBPA) including the requirement for building professionals to be registered under the Act and register designs for the proposed work on the NSW Planning Portal.

The starting point is to consider whether the designs for the works need to be registered under the DBPA, and thereafter whether those works will need to be carried out by a registered practitioner under the DBPA.

The DBPA applies to any class 2 building (or building with a class 2 component). Class 2 buildings are residential apartment buildings. They are typically multi-unit residential buildings. The National Construction Code describes the space which would be considered the apartment as a sole-occupancy unit (SOU). Class 2 buildings may also be single storey attached dwellings where there is a common space below. For example, two dwellings above a common basement or carpark. So, if your lot is a residential lot in a strata scheme, the DBPA may apply to your works.

The DBPA defines works as the construction of a class 2 building, alterations or additions to a class 2 building, the repair and the renovation or protective treatment of a class 2 building. The definition is broad. Therefore, it is useful to consider the exemptions.

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The following work is exempt:

It is possible that a simple renovation to your kitchen, for example, may be exempt from complying with the DBPA, however, the actual answer will be in the precise scope of works you intend to carry out.

Most builders and designer practitioners will have registered under the scheme by the end of February 2022. However, not all will have done so. To avoid doubt, we recommend requesting their qualifications prior to engaging them for your work.

Gemma Lumley & Allison Benson Kerin Benson Lawyers E: allison@kerinbensonlawyers.com.au P: 02 4032 7990

Please note: This is not intended to be legal advice. You should seek legal advice specific to your situation.

This post appears in Strata News #590.

Have a question about renovations or something to add to the article? Leave a comment below.

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This article has been republished with permission from the author and first appeared on the Kerin Benson Lawyers website.

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