Six years after NSW introduced the Design and Building Practitioners Act 2020, the strata remedial sector is still working out what the rules actually mean for existing buildings, according to a Sourceable analysis by building consultant Helen Kowal.

The DBP Act requires regulated designs to be prepared by registered practitioners before construction work begins on class 2, 3 and 9(c) buildings, apartment blocks, hotels and residential care facilities. New builds have been subject to the full requirements since commencement. Existing class 2 buildings must also comply, though transitional periods for class 3 and 9(c) buildings have been extended to 1 July 2028.

One concrete win came in early May 2026, when the NSW government amended the NCC 2025 Part F1 water management provisions. Builders working on existing structures can now comply with either the NCC 2022 Amendment 2 water provisions or the incoming NCC 2025 rules when those take effect on 1 May 2027. That flexibility matters on remedial jobs where the as-built structure simply can’t accommodate the newer requirements. Industry groups had pushed hard for the carve-out.

The scale of the problem isn’t small. In 2025, 17 per cent of NSW residents lived in strata, across more than 91,000 existing developments. Forecasts suggest that by 2040, half of Greater Sydney’s population will live in apartments, townhouses or villas under strata or community title. Macquarie Law School’s Professor Cathy Sherry puts the underlying tension plainly: apartment owners are being compelled to fund repairs that no freehold homeowner could legally be forced to carry out, and many paid for brand-new units that arrived with serious defects.

NSW Fair Trading has recently picked up extra powers to order owners corporations to fix serious defects, but the regulator’s capacity to handle the volume of complaints is limited and delays are expected. Mandatory online training for strata committee members is also planned for late 2026.

For remedial tradies, demand for compliant strata repair work isn’t going away. The regulatory floor is rising, enforcement is tightening, and owners corporations that have been deferring maintenance are increasingly cornered. Whether Fair Trading’s new powers translate into real enforcement pressure will be worth watching over the next 12 months.

Frequently asked questions

Does the DBP Act apply to existing apartment buildings in NSW?

Yes. Existing class 2 buildings must comply with the DBP Act. Class 3 and 9(c) buildings, hotels and residential care facilities, have a transitional period extended to 1 July 2028.

What did NSW change about NCC 2025 water management rules for remedial work?

In early May 2026, NSW amended the NCC 2025 Part F1 provisions to give builders on existing structures the choice of complying with either the NCC 2022 Amendment 2 water rules or the incoming NCC 2025 rules when they take effect on 1 May 2027.

Can NSW Fair Trading force an owners corporation to fix building defects?

Yes, NSW Fair Trading recently gained powers to order owners corporations to fix serious defects, though the regulator’s capacity to handle the volume of complaints is limited and delays are expected.

Sourced from Sourceable, NSW Fair Trading. Original article.