NSW Building Compliance: What Changed and What It Means for Your Project

NSW Building Compliance: What Changed and What It Means for Your Project

The regulatory landscape for building in New South Wales has changed significantly over the past few years. If you are a developer or builder, understanding these changes is not optional. They affect how you engage consultants, how designs are documented, and how compliance is demonstrated.

The Design and Building Practitioners Act 2020

This is the big one. The Act introduced mandatory registration for design practitioners (including structural engineers), building practitioners, and principal design practitioners. It also introduced design compliance declarations, regulated designs, and a duty of care.

#### What It Means for Structural Engineers

Structural engineers working on Class 2 buildings (apartments) and mixed-use buildings with a Class 2 component must be registered to practise in NSW. Registration requires demonstrating qualifications, experience, and ongoing competence.

When a registered structural engineer issues design drawings, they must also provide a design compliance declaration. This is a formal statement that the design complies with the Building Code of Australia and relevant Australian Standards. It is a serious document with legal consequences.

#### What It Means for Developers

As a developer, you need to ensure that your structural engineer is registered. If they are not, their designs cannot be used for compliance purposes, and your project will face delays.

You also need to understand that the design compliance declaration process requires a higher standard of documentation than was previously common. Drawings need to be complete, calculations need to be available, and the design needs to demonstrably comply with the applicable codes and standards.

The Building Code of Australia

The Building Code of Australia (BCA), now part of the National Construction Code, sets the minimum requirements for safety, health, amenity, and sustainability of buildings. It is updated regularly, and staying current with the changes is part of every engineer's professional responsibility.

Recent updates have included changes to:

• Fire safety requirements, including updated performance standards and deemed-to-satisfy provisions
• Energy efficiency provisions, with higher standards for building envelope performance
• Accessibility requirements, including updates to wheelchair accessibility and ambulant facilities
• Structural robustness provisions, requiring consideration of progressive collapse in certain building types

What Has Not Changed

Despite all the regulatory changes, the fundamentals of good engineering have not changed. Buildings still need to be safe, serviceable, and durable. Loads still need to travel from where they are applied to the ground through a rational and robust structural system. And the best outcomes still come from experienced engineers who understand both the theory and the practice.

Practical Advice for Developers and Builders

1. Verify your engineer's registration before engaging them
2. Allow adequate time for the design compliance declaration process
3. Do not pressure engineers to rush declarations; it defeats the purpose
4. Budget for quality engineering, the regulatory environment now penalises under-investment
5. Maintain clear records of all design documentation and declarations
6. Engage early so the engineering design is developed properly from the start

Our Position

At ACSES Engineers, we have always maintained high standards of documentation and compliance. The new regulatory requirements align with how we have always operated. Our engineers are registered, our designs are thoroughly documented, and our compliance declarations are backed by comprehensive calculation packages.

The regulatory changes are a positive step for the industry. They raise the bar for everyone and protect the public from substandard engineering. We welcome them and are fully equipped to operate within the new framework.