New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 22

22 Obligations relating to Building Code of Australia

(1) A building practitioner who does building work must take all reasonable steps to ensure that the building work, or any part of that work, complies with the requirements of the Building Code of Australia applicable to the work and other requirements applicable to the work prescribed by the regulations for the purposes of section 8(1).

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

(2) If a building compliance declaration provided by a registered building practitioner sets out steps required to be taken to ensure compliance with the Building Code of Australia and other requirements, the practitioner must give a written notice containing the steps to the principal certifier who is to be responsible for issuing an occupation certificate for the building work.

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

(3) It is a defence to an offence under subsection (1) if the defendant proves that--

(a) the defendant reasonably relied on and built in accordance with a regulated design for which a design compliance declaration was provided by a registered design practitioner stating that the design complied with the applicable requirements of the Building Code of Australia , and other applicable requirements prescribed for the purposes of section 8(1), and

(b) the registered design practitioner's registration authorised the practitioner to provide a declaration as to the matters to which the declaration related.