ACA NSW/ACT submission to DBP Act Parliamentary Review

The ACA NSW/ACT Committee has submitted a response to the NSW Legislative Council’s Public Accountability and Works Committee review of the Design and Building Practitioners Act 2020. The submission includes feedback on the NSW Planning Lodgement Portal, informed by a survey of ACA and the Regional Architects Association members. Consequently, the ACA has now been invited to present our findings at a formal hearing at Parliament House in September.

Our submission addresses the real challenges NSW architects have been facing with both the DBP Act and the Planning Lodgement Portal. Here is a summary of the critical evidence-based issues identified that require immediate action.

DBP ACT IMPACT

• Cost explosion: Consultant fees near construction costs for small projects, with $250,000+ additional costs reported for simple additions
• Housing delivery crisis: Developers abandoning apartment projects for townhouses; good builders and consultants refusing DBP work
• Disproportionate scope: Multi-generational housing and minor renovations caught under identical requirements as major developments
• Regional disadvantage: Limited qualified practitioners forcing metropolitan rates for regional projects
• Administrative burden: Documentation phases requiring three times previous time investment with unclear stopping points

PORTAL SYSTEM FAILURE

• Technical dysfunction: Regular crashes, freezing and timeouts disrupting daily business operations
• Productivity loss: Half-day minimum lodgements replacing three-hour processes
• Poor design: Rigid, unintuitive interface built on inflexible Pegasus software serving all application types inadequately
• Communication breakdown: Practitioners bypassing portal for direct council contact due to system failures
• BASIX integration collapse: Previously functional system now plagued with circular errors and data loss

PRIORITY REFORM RECOMMENDATIONS

DBP Act Immediate Reforms

1. Scope restriction: Limit to strata-titled buildings only; exclude developments under three storeys/four units
2. Process differentiation: Create simplified pathways for renovations versus new construction
3. Registration streamlining: Eliminate double registration for architects; recognise existing ARB credentials
4. Documentation rationalisation: Establish clear minimum standards and stopping points
5. Timeline realism: Allow reasonable variation lodgement periods during construction
6. Liability rebalancing: Return personal liability to corporate entities; address builder responsibility gaps

Portal System Reform

1. Complete redesign: Replace current system with purpose-built, modern platform designed by actual users
2. Performance standards: Implement rapid load times and reliable functionality essential for business operations
3. Workflow logic: Create intuitive step sequences and separate pathways for different application types
4. Data efficiency: Enable information copying between related applications and eliminate repetitive entry
5. Professional support: Establish dedicated help desk with planning-literate staff and reasonable response times
6. BASIX separation: Return BASIX to standalone platform or completely rebuild integration

EXPECTED OUTCOMES

These reforms will restore the systems’ original intent while:

• Reducing regulatory burden without compromising building quality
• Enabling affordable housing delivery during the current crisis
• Supporting regional development and multi-generational housing solutions
• Improving business productivity and reducing consumer costs
• Creating functional digital infrastructure that enhances rather than hinders professional practice.

ACA NSW/ACT and RAA stand ready to work collaboratively with the State Government to turn these recommendations into meaningful reform that benefits practitioners and consumers alike. We’re committed to keeping you informed throughout this process and will share updates as the parliamentary review progresses. Read our full submission here.