Fair Trading recently received a question from the Master Plumbers regarding waterproofing and the Design and Building Practitioners Act. 

Question
“Not sure if this (the DBPA) would affect us in any way, or if it affects the shower rebuilds or re waterproofing etc? Currently, we investigate water leaks and diagnose the issue. If it turns out to be a failed shower base, we then carry out the repairs.”

As waterproofing is considered a building element – what steps would our member be required to take in this circumstance where he is waterproofing as a component of repair works. Obviously he would be required to have the appropriate credentials to do this type of work
              
Response
Under clause 13(1)(h) of the Design and Building Practitioners Regulation 2021 (DBPR), waterproofing repairs for showers in class 2 buildings that cost less than $5,000 are excluded from the being  building work under the Design and Building Practitioners Act 2020 (DBPA) and do not require a regulated design and design compliance declaration from a registered design practitioner and a building compliance declaration from a registered building practitioner.

Also waterproofing repairs that comply with all the following criteria under clause 13(1)(b) of the DBPR are excluded from being building work under the DBPA and do not require a regulated design and design compliance declaration from a registered design practitioner and a building compliance declaration from a registered building practitioner:
 

(b)  work that is waterproofing, but only if—
   (i) the work is carried out as a result of alterations to a bathroom, kitchen, laundry or toilet, and
   (ii) the alterations are carried out as exempt development, and
   (iii) the work, including the agreement to carry out the work, relates only to a single dwelling,
    
Note: under clause 13(1)(b) of the DBPR to be excluded from being building work under the DBPA the work must comply with all three criteria specified in (i) and (ii) and (iii).