The NSW Department of Customer Service has reviewed feedback from consultation in 2022 and has further refined their policy positions, including proposals for the future framework for building and construction licensing.

They are now seeking input to the co-design process for the licensing framework and development of the supporting Regulations to the Building Bill:

1. Licensing Paper – outlines and explains the proposed future licensing framework.

2. Attachment Paper – provides a full list of licence classes proposed in the new framework and a description of the type of work included in each class.

How to provide feedback

The DIA will prepare a submission on behalf of members, however, we are also encouraging individual responses. The attached Answer Sheet provides an avenue for feedback based on questions proposed throughout the Licensing Paper. Submit completed answer sheets to HBAreview@customerservice.nsw.gov.au by COB Friday, 11 August 2023.

Next steps

The department will be hosting a series of roundtables to seek further feedback from industry stakeholders before finalising the Regulations. The DIA will participate in the roundtables – members interested in being the representive can email policy@design.org.au and we'll be in touch once the dates are released. 

Roundtables will be held from mid-July to August and will canvass the following topics:

• The licensing framework and threshold

• Designers licensing

• Specialist licensing

• Mechanical services

Detail on the reforms

The NSW Fair Trading website includes an FAQ for interior designers. It also includes information about exempt work confirming that compliance declaration requirements do not apply to:

Work conducted for the fit-out of part of the building that is a class 5 or 6 building part, or will be a class 5 or 6 as a result of a change of building work connected with the work. The work must be subject to a development consent that primarily relates to the fit-out. The exemption does not apply to structural work for a fit-out, which will continue to be subject to the reforms.

Non-structural fit-out building work on Class 5, 6, 9a and 9b parts of a building are all exempt from the Design and Building Practitioners Act 2020 (DBP) and do not require a registered practitioner. The fit-out work should be subject to its own development consent that primarily relates to the fit-out. If it is part of a broader project which includes structural work or work on other building elements covered by DBP, then the project in full would be covered by DBP.

Works that are exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 are also excluded from DBP. Subdivision 26-27 of the SEPP covers a range of minor building alterations which may be particularly relevant for interior designers.

The NSW Fair Trading website has new information on the expansion of the DBP and the Residential Apartment Buildings Act 2020 (RAB) to include class 3 and 9c buildings. This will apply to the construction of new buildings only. Alteration or renovation work for existing buildings will come into effect on 1 July 2024.