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.