This trips up more Class 2 projects than almost anything else in the Act. A certifier asks for a declared waterproofing design; the consultant who prepared it is not registered in a class that covers it; and the CC stalls while everyone works out whose signature it needs.
The rule, plainly
- Waterproofing is a regulated design. It is a building element under s 6(1) of the Design and Building Practitioners Act 2020, so on a Class 2 building the design supporting the building work must be declared.
- But there is no waterproofing class. Schedule 1 of the Regulation lists architectural, civil, façade, structural, geotechnical, mechanical, electrical, fire safety and the rest — there is no waterproofing entry. So the declaration has to come from a practitioner whose registered class covers the work in question.
- It lodges as Architectural / Waterproofing. On the Planning Portal the design category for waterproofing sits under Architectural. Building enclosure lodges as Architectural / Building enclosure.
- And the class named on the declaration is a Schedule 1 class — “Façade” or “Structural Engineering” — not the building element. Declarations naming the element in that field get queried.
Where the line falls for us
- External waterproofing forming part of the enclosure — we declare it, under the Façade class of DEP0001529. Roof, balcony, terrace and planter membranes that form the weathertight envelope sit here.
- Internal wet areas on a remedial project — we declare it, under the Structural Engineering class. Remediating a failed wet area is repair of the building’s structure and fabric, so it sits inside a class we hold.
- Internal wet areas on a new build — we do not. There the wet-area design is part of the architectural package and the declaration comes from the architect. We will prepare the design as a specialist consultant design for incorporation, but we will not put a regulated-design title block on it.
- Weatherproofing performance solutions — we declare them, under Façade. F3P1 external wall and cladding performance solutions are core work for us.
Who lodges it (not us, and not you)
- The registered building practitioner lodges. We prepare the regulated design and issue the signed design compliance declaration; lodgement of both on the NSW Planning Portal is the appointed building practitioner’s duty.
- That surprises a lot of owners corporations, who often have no builder appointed when the design is commissioned. If that is you, budget for it: a Class 2 contractor must be a registered building practitioner able to issue the building compliance declaration at completion.
- The declaration is not a separate purchase. It rides with the regulated design and is issued with it. Anyone charging you a separate line for “DCD and Portal lodgement” is selling you a duty they do not perform.
- Declare before the work is built. The Act contemplates declaration before the building work the design relates to is carried out. Retrospective declaration is not provided for and exposes the practitioner.
Indicative fees and turnaround
| Scope | Indicative fee (ex GST) | Turnaround |
|---|---|---|
| Internal wet-area waterproofing regulated design (remedial) | $3,000 – $6,000 | 2 – 3 weeks |
| External / balcony / podium waterproofing regulated design | $2,500 – $5,000 | 2 – 3 weeks |
| Basement and below-ground tanking design (BS 8102) | $2,500 – $5,000 | 2 – 4 weeks |
| Design compliance declaration | Included with the regulated design | Issued with the design |
| Waterproofing design compliance certificate (non-Class 2) | $400 – $900 | Days |
Bands are the middle of our own fee book — the median to upper-quartile of 217 itemised fees on real ECE projects. They are indicative and ex GST. Every project is quoted on its own brief.
Common questions
Does the DBPA apply to our project at all?
It applies to building work on Class 2, 3 or 9c buildings, or parts of buildings containing those classes, and to certain alterations to them. A pure Class 1 house is not captured, and neither is a pure Class 5 to 8 office, retail or warehouse building. Mixed-use buildings with any Class 2, 3 or 9c part are generally treated as captured.
Our waterproofer offered to provide the design. Is that enough?
For a regulated design on a Class 2 building, no. A waterproofing contractor licence authorises the installation, not the declaration of a regulated design. The declaration must come from a registered design practitioner in a class that covers the work. Getting this wrong is one of the more common reasons a construction certificate stalls.
Can the builder lodge the design compliance declaration themselves?
The builder lodges it, but they do not make it. The design compliance declaration is made and signed by the registered design practitioner; the registered building practitioner lodges the design and the declaration on the Planning Portal, and separately makes their own building compliance declaration confirming the work was built to the declared design. Two different declarations, two different practitioners.
What if the design changes during construction?
A varied regulated design has to be declared again and re-lodged on the Portal by the building practitioner before the varied work is built. On remedial projects this happens more than people expect, because opening up the building reveals conditions the design assumed differently. Allow for it.
How long do you have to keep the records?
Ten years from the date of the declaration. We retain the regulated designs, the supporting evidence and the issued declarations for the full statutory period, and they are available on request.
Send us the brief.
Tell us the address, the building class and what you have been asked for. We will come back with a scope and a fixed fee — not an hourly estimate. Sydney, Melbourne and the Gold Coast; NSW, VIC and QLD.