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New Laws to Provide Peace of Mind for Buyers of New or off-the-Plan Apartments

New Laws to Provide Peace of Mind for Buyers of New or off-the-Plan Apartments


  • Are you purchasing an off-the-plan apartment but worried about the risk of non-compliance and defects?
  • You can now have peace of mind due to the new laws in place by NSW Government
  • Here’s to no longer being forced to settle on defective buildings.

As of 1 July 2021, the NSW Government have introduced new laws for Buyers to have peace of mind when buying new or off-the-plan apartments.

The NSW Government have introduced new legislative changes to the Design and Building Practitioners Act 2020 (DBP Act) to revolutionise how professional engineers, designers and builders work on and construct multi-unit and multi-storey buildings. These new legislative changes will restore public confidence in the NSW building industry by regulating the activities of those who design and construct new buildings.

Here is how the new laws will prevent buyers from being forced to settle on defective buildings.

As of 1 July 2021, all designers, engineers and builders involved in the work to design and construct new residential apartment buildings will be required to comply with the new requirements under the Act.

Those new requirements are:

  • All designers, engineers and builders are required to be registered;
  • Designers must declare that their designs comply with the Building Code of Australia and other relevant standards;
  • Builders must declare that their building work has been constructed in accordance with compliant designs, which must be lodged for approval by the regulator prior to any construction commencing.

The NSW Government have also announced they will be undertaking targeted audits of those designs to ensure that any issues can be identified and addressed before any building works can commence, avoiding wasted time and money for all parties involved, including disappointment and stress for buyers.

The NSW Building Commissioner, David Chandler, has said that these new regulations aim to put the responsibility back onto the designers and builders to ensure their work is up to scratch, protecting the interests of the buyers.


Christine Johnsen

Christine is a licensed conveyancer and Justice of the Peace at Coutts’ Narellan office. She is highly efficient and is able to assist clients with matters concerning; the sale and purchase of residential and commercial property, retirement village contracts, put & call options and family transfers.

For further information please don’t hesitate to contact:

Christine Johnsen
Licensed Conveyancer & JP
1300 268 887


This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.

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