Design and Building Practitioners Regulation 2021
16Lodgment on NSW planning portal before building work commences
Start here
Get a plain-English read of 16
Turn the raw legal text into a practical explanation grounded in Design and Building Practitioners Regulation 2021.
16 Lodgment on NSW planning portal before building work commences
16 Lodgment on NSW planning portal before building work commences
(1) For the Act, section 107(2)(e), a building practitioner must do the following—
(a) if more than 1 construction certificate is to be issued for building work—before commencing building work relating to a construction certificate, provide the required documents for the building work to which the construction certificate relates to the Secretary in the approved way,
(b) otherwise—provide the required documents to the Secretary in the approved way before commencing building work.
Maximum penalty—
(a) for a body corporate—200 penalty units, or
(b) for an individual—100 penalty units.
(2) A registered building practitioner satisfies the practitioner’s obligation to provide the required documents if—
(a) the practitioner gives written authorisation for the required documents to be provided on the practitioner’s behalf by an appropriate practitioner in connection with the building work, and
(b) the appropriate practitioner who is authorised provides the required documents to the Secretary in accordance with this clause.
(3) In this clause—
appropriate practitioner in connection with building work means—
(a) if a registered principal design practitioner is appointed for the building work—the registered principal design practitioner, or
(b) the registered design practitioner for the building work.
required documents means the following—
(a) copies of the construction issued regulated designs for the building work,
(b) copies of the design compliance declarations, made by a suitably authorised registered design practitioner, for each of the construction issued regulated designs,
(c) if a registered principal design practitioner is appointed for the building work—a principal compliance declaration, made by a suitably authorised registered principal design practitioner, for the construction issued regulated designs.
cl 16: Am 2022 (783), Sch 1[4]–[7].