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The Design and Building Practitioners Regulation 2021 (NSW) (Regulation) was made on 9 April. The Regulation is needed for the new regulatory regime under the Design and Building Practitioners Act 2020 (NSW) and the Regulation to commence on 1 July 2021. The Regulation follows a period of public consultation (see our previous Alert). The Regulation and the associated Consultation Report can be accessed here.

A significant change to the transitional exemption provisions has been made from the consultation draft, with the consultation position of the regime not applying if the first application for a construction certificate for the building has been made before 1 July 2021 being replaced with a requirement that the relevant building work has commenced before 1 July 2021.

Another significant change from the consultation draft is the extending of the exemption, for the first two years from 1 July 2021 of registered persons needing to be adequately insured, to design practitioners and professional engineers. The Regulation maintains this position for building practitioners.

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