17Lodgment on NSW planning portal after building work commences

#### 17 Lodgment on NSW planning portal after building work commences 17 Lodgment on NSW planning portal after building work commences > > (1) For the purposes of section 107(2)(e) of the Act, a building practitioner must provide the following documents to the Secretary in the approved way no later than 1 day after commencing a variation to building work— > > > > > (a) a copy of each design compliance declaration given under section 9(3)(b) of the Act for a varied regulated design, > > > > > (b) a copy of the varied regulated design, > > > > > (c) a copy of each design compliance declaration obtained under section 20(3) of the Act for a new building element or performance solution, > > > > > (d) a copy of the regulated design for the new building element or performance solution. > > > > Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual. > > > (2) It is a defence to a prosecution for an offence under subclause (1) if the defendant satisfies the court that the defendant had a reasonable excuse for the alleged failure to provide the documents. > > > (3) A registered building practitioner satisfies the practitioner’s obligation to provide documents under this clause if— > > > > > (a) the practitioner gives written authorisation for the 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 documents to the Secretary in accordance with this clause. > > > (4) 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.