The upstairs apartment is renovating including bathroom waterproofing — is the owner required to have the design done by a Design Practitioner?

NSW

Maintenance & Common Property

The upstairs apartment is renovating, including bathroom waterproofing. Is the owner required to have the design done by a Design Practitioner?

In our class 2 regulated apartment block, the apartment directly above mine is carrying out extensive renovations.

As the bathroom waterproofing is a building element, is the owner required to have a regulated design done by a Design Practitioner before works start?

According to the NSW Fair Trading website, a Design Practitioner is not required where the waterproofing work is in a single dwelling (single unit or townhouse). However, the renovating owner coordinates and oversees the different trades, acting like an owner builder. Are owners permitted to do this in a strata complex?

Our managing agent knows what is happening and thinks it is acceptable. However, I am concerned that if this work is not properly certified, there will be implications if it fails in the future.

That work is exempt as it relates to a single dwelling in a unit block.

Yes, that is correct. That work is exempt under the Design & Building Practitioners Regulation 2021 as it relates to a single dwelling in a unit block.

This is set out in clause 13 of the Regulation:

13 Certain work excluded from being building work

or the purposes of section 4(1) and (2)(b) of the Act, the following work is excluded from being building work--
1. work that is carried out as exempt development, other than waterproofing,
2. work that is waterproofing, but only if--
  1. the work is carried out as a result of alterations to a bathroom, kitchen, laundry or toilet, and
  2. the alterations are carried out as exempt development, and
  3. the work, including the agreement to carry out the work, relates only to a single dwelling.

That work should still be carried out pursuant to a by-law which would set out the rights and obligations of the owner in the event of damage to the common property.

Comments

Published: 22 Oct 2021

Last Updated: 7 Jul 2026

After a free PDF of this Q&A?

Not a member? Join for free

Answer by

Pierrette Khoury

Khoury Lawyers Pty Ltd

Pierrette Khoury was admitted in 2006 and has extensive experience in strata, building and construction and commercial litigation.

Pierrette is client focused, results and outcome driven. Pierrette successfully resolves disputes and should a matter not be capable of resolution will successfully advocate on your behalf in the Tribunal or Court.

Pierrette has extensive experience in contract drafting and review including AS 4000, Master Builders, NSW Fair Trading and Housing Industry Association contracts.

Pierrette appears in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court for hearings, interlocutory applications and Appeals.

Pierrette applies strategic decision making to matters and narrows the issues in dispute. Pierrette has successfully litigated matters at the interlocutory and hearing stages.

Pierrette resolves matters on behalf of clients through effective dispute resolution mechanisms through negotiation, attending Mediations and attending informal settlement conferences.

Strata advice and litigation services

The services include strata advice, general strata advice regarding strata management agency agreements, strata by law advice, by-law drafting, consolidation and registration, strata dispute advice, breach of strata by-laws and enforcement, insurance claims, levy recovery advice and enforcement. This also incluees high level litigation services including building defect disputes and appeals, home warranty insurance claims and general insurance claims including appeals.

Legal involvement and representation of strata disputes including litigation involving breach of by-laws and breaches of the Strata Schemes Management Act and Regulations.

Appearance and representation in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court.

Key highlights:

Strata advice, by law advice, disputes including levy recovery;
Large scale building defect claims, disputes and appeals;
Home warranty insurance claims and general insurance claims;
Acting on behalf of a number of Owners Corporations in relation to large defect claims including claims under the Design and Building Practitioners Act 2020. Successfully resolving large scale defect claims;
Acting for home owners in excess of $1million build and advising on contractual rights, variation disputes, project disputes and successfully resolving;
Advising home owners and Owners Corporations on rights under the Home Building Act 1989 and Design and Building Practitioners Act 2020;
Acting on behalf of a number of Owners Corporations in relation to lot owners’ breaches of by-laws and enforcement in the NSW Civil and Administrative Tribunal;
Advising on retaining wall and fence matters and mitigation.