New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 20

20 Variations after building work commences

(1) A building practitioner who does building work must take all reasonable steps to ensure that, if the building work (other than in relation to a building element or performance solution) is varied after commencement of the work from a regulated design for the work, the variation is recorded in the form and manner prescribed by the regulations for the purposes of this section.

: Maximum penalty--3,000 penalty units (in the case of a body corporate) or 1,000 penalty units (in any other case).

(2) A building practitioner who does building work must take all reasonable steps to ensure that, if the building work (in relation to a building element or performance solution) is to be varied from a regulated design for the building element or performance solution, before the varied building work commences--

(a) a design with the variation is prepared by a registered design practitioner, and

(b) the registered design practitioner is given (or otherwise has access to in the manner prescribed by the regulations) any of the following that are relevant to the provision, by the registered design practitioner, of a design compliance declaration for the varied design--

(i) regulated designs,

(ii) design compliance declarations,

(iii) principal compliance declarations, and

(c) a design compliance declaration is obtained for the varied design from a registered design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates, and

(d) if a principal design practitioner has been appointed in relation to the building work, a principal compliance declaration is obtained that includes the varied design.

: Maximum penalty--3,000 penalty units (in the case of a body corporate) or 1,000 penalty units (in any other case).

(3) A building practitioner who does building work must take all reasonable steps to ensure that, if the work is to be varied so as to require a new building element or performance solution for which a regulated design is required, before the varied building work commences--

(a) a design for the building element or performance solution is prepared by a registered design practitioner, and

(b) the registered design practitioner is given (or otherwise has access to in the manner prescribed by the regulations) any of the following that are relevant to the provision, by the registered design practitioner, of a design compliance declaration for the design--

(i) regulated designs,

(ii) design compliance declarations,

(iii) principal compliance declarations, and

(c) a design compliance declaration is obtained for the design from a registered design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates, and

(d) if a principal design practitioner has been appointed in relation to the building work, a principal compliance declaration is obtained that includes the design.

: Maximum penalty--3,000 penalty units (in the case of a body corporate) or 1,000 penalty units (in any other case).