Design services and the 1999 Act
The Building and Construction Industry Security of Payment Act 1999 applies to construction work and to related goods and services. Section 6 lists “architectural, design, surveying or quantity surveying services in relation to construction work” among the related services.
So in NSW, a designer’s progress claim can sit inside the same statutory framework as a builder’s. That makes the dates and amounts on each stage invoice more than admin: they are the record a claim would rely on.
Registered design practitioners
Under the Design and Building Practitioners Act 2020, design practitioners who make compliance declarations for regulated designs on regulated buildings (class 2, class 3 and class 9c) must be registered, and the designs are lodged on the NSW Planning Portal. NSW guidance notes that only the person making the declaration needs to be registered; others on the team can contribute without registering.
For a split-fee job that is a practical point: the declaring practitioner’s stage, and the drafting support beneath it, can be priced and paid as separate lines.
Planning pathways
NSW planning sits under the Environmental Planning and Assessment Act 1979. Development applications go through the NSW Planning Portal, and many straightforward projects can instead use complying development, where a complying development certificate is issued by a council or an accredited certifier.
The two routes have different documentation loads, so a fee proposal that offers each as its own option avoids re-pricing halfway through.
Example: a Sydney dual occupancy
- Stage 1: feasibility and CDC/DA pathway advice (designer)
- A$1,650
- Stage 2: CDC drawings (designer)
- A$5,280
- Stage 2: structural and stormwater (engineer)
- A$3,300
- Stage 2: BASIX certificate inputs (energy assessor)
- A$880
- Client pays per stage
- A$11,110 total
One schedule for the client, one invoice per approved stage, each payment split to the right consultant. Split payouts are a planned feature.
Using DrafterShare in NSW
This page is general information drawn from the official sources listed below, not legal advice. Check the current law, and get advice on your own contract.
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Questions
Does the NSW Act cover drafting and design fees?
Section 6 of the 1999 Act includes architectural, design, surveying or quantity surveying services in relation to construction work as related services. Whether your engagement is covered depends on your contract, so get advice.
Does everyone on a class 2 design team need to be registered?
NSW guidance says only the practitioner making the compliance declaration needs registration. See the NSW Government sources below.
Sources
Official pages we relied on, checked 27 October 2026. Laws change; always read the current version.
- Building and Construction Industry Security of Payment Act 1999 (NSW) (opens in a new tab) · NSW Legislation
- About security of payment (opens in a new tab) · NSW Government
- Building classes and roles on regulated buildings (opens in a new tab) · NSW Government
- Complying development (opens in a new tab) · NSW Planning Portal