Engineering Practice Standard is on hold, but professional engineers must register now

An update on the timing and deadlines for engineers' obligations under the NSW Design and Building Practitioners Act, Regulation and the Engineering Practice Standard.

The NSW Engineering Practice Standard (EPS) was published in March 2024 following a lengthy consultation process and was said to apply to all registered professional engineers from September 2024. The position has recently changed, with NSW Fair Trading's website confirming that Building Commission NSW is now conducting a further review of the EPS. Building Commission NSW is due to undertake further consultation with industry in September and October 2024 and enforcement of a revised version of the EPS will follow, likely in early 2025.

In the meantime, registration is still mandatory for all engineers who undertake 'professional engineering work' (as defined in the Design and Building Practitioners Act 2020 (NSW) (see Part 3, Division 1 of the Act) and the Design and Building Practitioners Regulation 2021 (NSW) (See part 2, Division 4 of the Regulation). This includes engineering work carried out in relation to the design or construction of a class 2, class 3 or class 9c building in 1 of the 6 prescribed areas of engineering: structural, civil, mechanical, fire safety, electrical and geotechnical.

Registration has been mandatory since 1 July 2021, following the introduction of the Regulation and penalties will apply where practitioners carry out professional engineering work without being registered in the appropriate class or without being under the direct supervision of a registered professional engineer.

We recommend that all engineers working on class 2, 3 and 9c buildings review the eligibility criteria on the NSW Fair Trading website and, if eligible, consider registering as soon as possible.