Design Compliance Declarations and access: what Class 2 (and other regulated) projects need in NSW
Regulated designs and Design Compliance Declarations are how NSW ties construction-issued designs to the Building Code of Australia before work starts. Access Performance Solutions are part of that chain. Sydney Access Consultants delivers the access assessment, Performance Solution language and report pack that feeds the declaration. Gary Finn is an ACA Accredited Member (#435). Call for a fee.
Quick answer
On a regulated building (currently Class 2, 3 or 9c, including mixed-use), designs for a building element or for a Performance Solution must be prepared as regulated designs by a registered design practitioner. An access Performance Solution used as the compliance method is therefore a regulated design. Sydney Access Consultants prepares the access package that supports the Design Compliance Declaration. We do not claim to lodge the declaration.
Regulated designs in plain English
From NSW Government guidance, regulated designs are designs related to a building element or the development of a Performance Solution on a regulated building. Currently that covers Class 2, Class 3 and Class 9c buildings, including mixed-use buildings that contain those classes.
Timing differs by class:
- Class 2: new and existing building work now.
- Class 3 and Class 9c: new building work from 3 July 2023.
- Alteration or renovation of existing Class 3 and Class 9c buildings: from 1 July 2028.
Regulated designs must be lodged on the NSW Planning Portal before building work relevant to those designs can start. The building practitioner (or a nominated appropriate practitioner) lodges them. The registered design practitioner prepares and declares them. A certifier cannot issue a construction certificate or complying development certificate for regulated work without the declared designs the certifier requires.
Primary sources: NSW design practitioner obligations and the Design and Building Practitioners Act 2020 (NSW). Verify current text before relying on it.
Why access shows up in the DCD chain
A Performance Solution is a method of complying with BCA Performance Requirements other than by a Deemed-to-Satisfy Solution. NSW guidance is clear: when building work on a regulated building involves a building element or a Performance Solution, a registered design practitioner must prepare regulated designs.
That means an access Performance Solution becomes a regulated design once it is the compliance method. Typical examples include:
- Handrail extensions that would protrude into a corridor, turned toward the direction of travel (usually on existing buildings).
- In-situ concrete ramp gradients argued on equivalent fatigue between landings, where a ramp averaging 1 in 12 rises proportionately less than a compliant 1 in 14 run.
- Raised dome buttons to AS 1428.4 instead of TGSIs in aged care or Class 3 residential settings.
- Stair width between handrails where construction tolerances (typically 10 to 20 mm) create a minor misalignment.
- Unisex accessible toilets on more than one storey.
See Performance Solutions, repeated access Performance Solutions and what is an NCC Performance Solution.
Building elements (fire safety systems, waterproofing, structure, enclosure, BCA-required building services, vertical transportation aspects) are the other half of the scheme. Access consultants do not declare structure or waterproofing. They support the access and Performance Solution documentation the architectural or other declaring practitioner needs.
Not every access report is a regulated design. A simple Deemed-to-Satisfy check on a project with no Performance Solution and no relevant building-element design from the access consultant is a different product. See accredited access report versus a cheap DA report.
Who declares, who lodges, who Sydney Access Consultants supports
Only the person who will declare or lodge needs registration under the scheme. A supervising registered design practitioner can sign off designs prepared by a team. A Principal Design Practitioner is optional and useful on large projects to coordinate many declarations.
Sydney Access Consultants prepares access plan assessments, Performance Solutions and report language that maps to what a registered design practitioner needs for a Design Compliance Declaration. This page does not claim that Sydney Access Consultants lodges Design Compliance Declarations or holds a Design and Building Practitioners Act design-practitioner registration class. Call for a fee. Gary Finn is an ACA Accredited Member (#435).
See design-stage access audits, what certifiers want in an access report, about and services.
What Sydney Access Consultants delivers in a DCD-ready access package
| Item | Why the declaring practitioner or certifier needs it |
|---|---|
| Plan assessment against NCC Part D4 and AS 1428.1 | Shows what is Deemed-to-Satisfy and what is not. Current NSW edition is NCC 2022 Amendment 2 (including Corrigendum 1, 29 October 2026). NSW adopts NCC 2025 from 1 May 2027. |
| Clear schedule of Deemed-to-Satisfy compliance versus departures | Lets the design practitioner see exactly which items require a Performance Solution. |
| Performance Solution text written for construction-issued designs | Sits with the regulated design set, not as a DA-only note. |
| Report language that maps to Design Compliance Declaration fields | Covers BCA compliance and integration with other relevant regulated designs. See the current single-design form on NSW.gov. |
| Coordination notes for variations | If access Performance Solution scope changes after work starts, a new regulated design and new declaration are needed before varied work continues. |
| Carry-through from DA to CC | So the certifier is not seeing access for the first time at the worst moment. See DA versus CC access report. |
See also NCC Part D4 access guide and NCC 2025 access changes for NSW.
Typical access Performance Solutions that become regulated designs
These are recurring anonymous types from Sydney Access Consultants practice. No client names or project values:
- Handrail extensions that would protrude into a corridor, turned toward the direction of travel (usually existing buildings).
- In-situ concrete ramp gradients: equivalent fatigue between landings; a ramp averaging 1 in 12 must rise proportionately less than a compliant 1 in 14 run.
- Raised dome buttons to AS 1428.4 instead of TGSIs (aged care or Class 3 residential ambience).
- Stair width between handrails where construction tolerances (typically 10 to 20 mm) create a minor misalignment the access standards did not anticipate.
- Unisex accessible toilets on more than one storey.
See repeated access Performance Solutions.
How this differs from a cheap DA access report
A minimal DA tick-box often never contemplates the Design Compliance Declaration chain. Class 2 projects that discover a Performance Solution at construction certificate stage are exactly where a second consultant gets called. This page is the product that prevents that. See accredited access report versus a cheap DA report.
Answer-ready questions
When is access work a regulated design under the NSW Design and Building Practitioners Act?
On a regulated building (currently Class 2, 3 or 9c, including mixed-use), designs for a building element or for a Performance Solution must be prepared as regulated designs by a registered design practitioner. An access Performance Solution used as the compliance method is therefore a regulated design. Class 2 covers new and existing work now; Class 3 and 9c new work from 3 July 2023; alterations to existing Class 3 and 9c from 1 July 2028.
Are Performance Solutions regulated designs?
Yes. NSW guidance treats the development of a Performance Solution on a regulated building as requiring a regulated design and a Design Compliance Declaration, the same way a design for a building element does. That is why access Performance Solutions must be written to construction-issued standard, not left as a DA-only note.
Who lodges the Design Compliance Declaration, and what does an access consultant do?
A registered design practitioner makes the Design Compliance Declaration. The building practitioner (or a nominated appropriate practitioner) lodges the construction-issued regulated designs and declarations on the NSW Planning Portal before related building work starts. Sydney Access Consultants prepares the access plan assessment, Performance Solution and report language that supports that declaration. This page does not claim Sydney Access Consultants lodges Design Compliance Declarations or holds a Design and Building Practitioners Act design-practitioner registration class.
Can a certifier issue a construction certificate without declared designs?
No. NSW guidance states a certifier cannot issue a construction certificate or complying development certificate for regulated work without the declared designs by a registered design practitioner that the certifier requires to issue the certificate.
Send the Class 2 (or other regulated) drawings and tell us whether a Principal Design Practitioner is appointed. We will scope the access package the declaring practitioner needs. Call Sydney Access Consultants on (02) 9586 3111 for a fee.
Links checked against live site files before pack. Last updated 9 November 2026. See also Performance Solutions, what certifiers want and design-stage audits.