{"id":"nsw:sl-2020-0078","name":"Building and Development Certifiers Regulation 2020","slug":"building-and-development-certifiers-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"78 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176389,"registerId":"nsw-nsw:sl-2020-0078-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Building and Development Certifiers Regulation 2020](/view/html/inforce/current/sl-2020-0078).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the commencement of the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063) and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > Building Code of Australia has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > business day means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.\n> > \n> > class 1 building means a class 1a building or a class 1b building within the meaning of the Building Code of Australia.\n> > \n> > class 10 building means a class 10a building, a class 10b building or a class 10c building within the meaning of the Building Code of Australia.\n> > \n> > fee unit—see Part 2 of Schedule 6.\n> > \n> > relevant certificate means the following certificates under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)—\n> > \n> > > (a) a complying development certificate,\n> > \n> > > (b) a certificate referred to in section 6.4 of that Act.\n> > \n> > strata certificate has the same meaning as in the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).\n> > \n> > the Act means the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2022 (781), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of certifiers","content":"# Part 2 Registration of certifiers\n\nPart 2 Registration of certifiers","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Recognised training","content":"#### 4 Recognised training\n\n4 Recognised training\n\n> > (1) For the purposes of section 120(2)(a) of the Act, the Secretary may require an applicant for registration to have successfully completed recognised training.\n> \n> > (2) Training is recognised training for the purposes of this clause if the training is recognised by the Secretary and is conducted in accordance with any conditions to which that recognition may be subject.\n> \n> > (3) A person may apply in writing to the Secretary for training to be recognised by the Secretary.\n> \n> > (4) The Secretary may, by notice in writing to the person, recognise the training or refuse to recognise the training.\n> \n> > (5) The recognition may be unconditional or subject to conditions.\n> \n> > (6) The Secretary may vary, suspend or revoke a recognition by notice in writing to the person.\n> \n> > (7) Completion of recognised training under this clause does not replace the need for the applicant to have the qualifications, skills, knowledge and experience required by Schedules 2 and 3.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Grounds for finding that a person is not a suitable person to carry out certification work","content":"#### 5 Grounds for finding that a person is not a suitable person to carry out certification work\n\n5 Grounds for finding that a person is not a suitable person to carry out certification work\n\n> > (1) For the purposes of section 7(2)(h) of the Act, the Secretary may form an opinion that a person is not a suitable person to carry out certification work if—\n> > \n> > > (a) the person is disqualified from holding a relevant authorisation, or\n> > \n> > > (b) a relevant authorisation held by the person has been cancelled or suspended, or\n> > \n> > > (c) the person has been convicted of an offence, or disciplinary action has been taken against the person, in the person’s capacity as the holder (or former holder) of a relevant authorisation.\n> \n> > (2) In this clause—\n> > \n> > relevant authorisation means—\n> > \n> > > (a) accreditation to carry out regulated work, or\n> > \n> > > (b) registration as an architect under the [Architects Act 2003](/view/html/inforce/current/act-2003-089), or\n> > \n> > > (c) a contractor licence, supervisor certificate, tradesperson certificate or owner-builder permit under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), or\n> > \n> > > (d) a licence, certificate, accreditation, registration or other authorisation or qualification that is issued or conferred under the laws of another jurisdiction and that authorises the holder to carry out work that is similar to the work authorised by an authorisation specified in paragraph (a) or (b).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Time within which notice of decision must be provided","content":"#### 6 Time within which notice of decision must be provided\n\n6 Time within which notice of decision must be provided\n\n> > (1) For the purposes of section 10(5) of the Act, the Secretary is taken to have refused to grant registration to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.\n> \n> > (2) In calculating a period for the purposes of subclause (1), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.\n> \n> > (3) Subclause (1) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Variation of registration","content":"#### 7 Variation of registration\n\n7 Variation of registration\n\n> > (1) For the purposes of section 12(3) of the Act, an application for variation of registration must—\n> > \n> > > (a) be in a form approved by the Secretary, and\n> > \n> > > (b) include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application, and\n> > \n> > > (c) be accompanied by the fee payable as if the application were an application for the grant of registration.\n> \n> > (2) If the Secretary considers it necessary to do so, the Secretary may require either or both of the following—\n> > \n> > > (a) further documents or information to be provided by the applicant,\n> > \n> > > (b) in the case of an applicant who is an individual, that the applicant attend an interview, undertake an oral or written examination or provide a demonstration of the applicant’s skills.\n> \n> > (3) Section 9 of the Act is taken to apply to an application for variation of registration in the same way as it applies to an application for the grant of registration.\n> \n> > (4) A variation of registration takes effect—\n> > \n> > > (a) at the time specified by the Secretary in the written notice under section 12 of the Act, or\n> > \n> > > (b) if no time is specified or if the notice is served on the registered certifier after that time, when the notice is served on the registered certifier.\n> \n> > (5) The Secretary is taken to have refused to grant a variation of registration to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.\n> \n> > (6) In calculating a period for the purposes of subclause (5), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.\n> \n> > (7) Subclause (5) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Registered certifier to notify Secretary of certain events","content":"#### 8 Registered certifier to notify Secretary of certain events\n\n8 Registered certifier to notify Secretary of certain events\n\n> For the purposes of section 35(1)(i) of the Act, a registered certifier must notify the Secretary in writing of the following events within 7 days after becoming aware of the event—\n> \n> > (a) an equivalent authorisation held by the registered certifier being varied,\n> \n> > (b) legal or disciplinary proceedings being commenced against the registered certifier in the person’s capacity as the holder (or former holder) of a relevant authorisation within the meaning of clause 5,\n> \n> > (c) if the registered certifier is a registered body corporate—\n> > \n> > > (i) a registered certifier becoming an employee or registered director of the body corporate, or\n> > \n> > > (ii) a registered certifier ceasing to be an employee or registered director of the body corporate, or\n> > \n> > > (iii) a person becoming a director, or person involved in the management, of the body corporate, or\n> > \n> > > (iv) a person ceasing to be a director, or person involved in the management, of the body corporate.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed conditions of registration","content":"#### 9 Prescribed conditions of registration\n\n9 Prescribed conditions of registration\n\n> > (1) For the purposes of section 13(1)(a) of the Act, it is a condition of registration that a registered certifier must surrender the registered certifier’s certificate of registration to the Secretary within 14 days after receiving written notice from the Secretary that the conditions of registration of the registered certifier have been varied or new conditions have been imposed on the registered certifier’s registration.\n> \n> > (2) For the purposes of section 13(1)(a) of the Act, it is a condition of registration that a registered individual must carry the registered certifier’s certificate of registration whenever the registered certifier is carrying out certification work and must produce the certificate for inspection if requested to do so by an authorised officer.\n> \n> > (3) For the purposes of section 13(1)(a) of the Act, it is a condition of registration that a registered body corporate must ensure that—\n> > \n> > > (a) a registered director of the body corporate undertakes a course relating to the responsibilities of registered directors arranged by the Secretary if required to do so by the Secretary in writing, and\n> > \n> > > (b) the registered director undertakes the course within the time (if any) required by the Secretary.\n> \n> > (3A) For the purposes of section 13(1)(a) of the Act, it is a condition of registration of a person who is registered as a building inspector on the grounds that the person has the qualifications specified in clause 3(2)(a) of Schedule 2, that the person may only carry out certification work under the supervision of a registered certifier who holds any of the following classes of registration—\n> > \n> > > (a) building surveyor—unrestricted,\n> > \n> > > (b) building surveyor—restricted (all classes of building),\n> > \n> > > (c) building surveyor—restricted (class 1 and 10 buildings).\n> \n> > (3B) For the Act, section 13(1)(a), it is a condition of registration that a registered body corporate carry out certification work authorised by the registration in accordance with—\n> > \n> > > (a) Volume 1, and\n> > \n> > > (b) from the beginning of 1 March 2023—Volume 2.\n> \n> > (3C) For the Act, section 13(1)(a), it is a condition of registration that a registered individual carry out certification work authorised by the registration in accordance with—\n> > \n> > > (a) for a building surveyor—unrestricted or building surveyor—restricted (all classes of building) class of registration—\n> > > \n> > > > (i) Volume 1, and\n> > > \n> > > > (ii) from the beginning of 1 March 2023—Volume 2, or\n> > \n> > > (b) for a building inspector or building surveyor—restricted (class 1 and 10 buildings) class of registration—\n> > > \n> > > > (i) Chapters 1 and 2 of Volume 1, and\n> > > \n> > > > (ii) from the beginning of 1 March 2023—Volume 2, or\n> > \n> > > (c) for a class of registration not specified in paragraph (a) or (b)—\n> > > \n> > > > (i) Chapters 1 and 2 of Volume 1, and\n> > > \n> > > > (ii) from the beginning of 1 March 2023—Chapters 1 and 2 of Volume 2.\n> \n> > (4) For the purposes of section 80 of the Act, the maximum penalty for breaching the condition set out in subclause (2) is 20 penalty units.\n> \n> > (5) In this clause—\n> > \n> > Volume 1 means the Practice Standard for Registered Certifiers - Volume One - new residential apartment buildings, published by the Department and in force from time to time.\n> > \n> > Volume 2 means the Practice Standard for Registered Certifiers - Volume Two - Class 1a Buildings, published by the Department and in force from time to time.\n> \n> **cl 9:** Am 2020 (300), Sch 1\\[1\\]; 2020 (732), Sch 1\\[1\\]; 2022 (781), Sch 1\\[2\\] \\[3\\].","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"Prescribed grounds for suspension of registration","content":"#### 9A Prescribed grounds for suspension of registration\n\n9A Prescribed grounds for suspension of registration\n\n> For the purposes of section 16(g) of the Act, the following circumstances constitute grounds for suspension of registration—\n> \n> > (a) the Secretary—\n> > \n> > > (i) has commenced, but not finally determined, disciplinary action under the Act, Part 4 against the registered certifier, and\n> > \n> > > (ii) is satisfied the suspension is necessary to protect property or the safety of a person,\n> \n> > (b) (Repealed)\n> \n> > (c) the Secretary is satisfied the registered certifier is not adequately insured.\n> \n> **cl 9A:** Ins 2020 (732), Sch 1\\[2\\]. Am 2022 (328), Sch 1\\[1\\] \\[2\\]; 2022 (781), Sch 1\\[4\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Replacement certificate of registration","content":"#### 10 Replacement certificate of registration\n\n10 Replacement certificate of registration\n\n> > (1) The Secretary may issue a replacement certificate of registration to a registered certifier on the application of the registered certifier if the Secretary is satisfied that it is reasonable in the circumstances to issue a replacement certificate.\n> \n> > (2) An application under this clause must be accompanied by the fee prescribed by Schedule 6.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Insurance","content":"# Part 3 Insurance\n\nPart 3 Insurance","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Definitions","content":"#### 11 Definitions\n\n11 Definitions\n\n> In this Part—\n> \n> expiry date, for a professional indemnity policy, means the date specified in the policy as the policy’s expiry date.\n> \n> insured person means the individual or body corporate to whom the professional indemnity policy is issued.\n> \n> liability of a registered certifier means liability to pay compensatory damages for breach of professional duty as a registered certifier arising from—\n> \n> > (a) any act or omission of the registered certifier, or\n> \n> > (b) any conduct of the registered certifier that would constitute a breach of any of the following provisions or any failure by the registered certifier to comply with a guarantee that applies because of any of the following provisions—\n> > \n> > > (i) section 18, 29 or 30 or Subdivision B of Division 1 of Part 3–2 of the [Australian Consumer Law](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (ii) any provision of the legislation of this or any other State or Territory that corresponds to a provision referred to in subparagraph (i).\n> \n> professional indemnity policy means an insurance policy that complies with the provisions of this Part and that indemnifies an individual, body corporate or partnership against the liability of registered certifiers covered by the policy.\n> \n> registered employee of a body corporate or partnership means an employee of the body corporate or partnership who is a registered individual.\n> \n> registered partner of a partnership means a partner in the partnership who is a registered individual.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Former accredited certifiers","content":"#### 12 Former accredited certifiers\n\n12 Former accredited certifiers\n\n> > (1) A reference in this Part to—\n> > \n> > > (a) a registered certifier includes a reference to an accredited certifier, and\n> > \n> > > (b) a registered individual includes a reference to an individual who was an accredited certifier, and\n> > \n> > > (c) a registered body corporate includes a reference to a body corporate that was an accredited certifier, and\n> > \n> > > (d) a registered director includes a reference to a director who was an accredited certifier.\n> \n> > (2) A registered certifier who was previously an accredited certifier is taken, for the purposes of this Part, to have first become a registered certifier when the registered certifier was first accredited.\n> \n> > (3) In this clause—\n> > \n> > accredited certifier means a person who was accredited under the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) or the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (or both).","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Professional indemnity policies","content":"## Division 2 Professional indemnity policies\n\nDivision 2 Professional indemnity policies","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Professional indemnity policy required","content":"#### 13 Professional indemnity policy required\n\n13 Professional indemnity policy required\n\n> > (1) For the purposes of section 26(2)(a) of the Act, a registered certifier must be indemnified under a professional indemnity policy that complies with this Part.\n> \n> > (2) A registered individual must ensure that all certification work carried out by the individual is indemnified under a professional indemnity policy that complies with this Part.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Individual policies","content":"#### 14 Individual policies\n\n14 Individual policies\n\n> If a professional indemnity policy is issued to a registered individual, the indemnity provided must extend to all liability of the registered individual incurred at any time since the registered individual first became a registered certifier.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Corporate policies","content":"#### 15 Corporate policies\n\n15 Corporate policies\n\n> > (1) If a professional indemnity policy is issued to a body corporate, the indemnity provided must extend to—\n> > \n> > > (a) if the body corporate is a registered body corporate, all liability of the registered body corporate incurred at any time since the registered body corporate first became a registered certifier, and\n> > \n> > > (b) for each registered certifier who, at any time before or during the term of the policy, is a registered director or registered employee of the body corporate, all liability of the registered certifier incurred—\n> > > \n> > > > (i) while the registered certifier was a registered director or registered employee of the body corporate, and\n> > > \n> > > > (ii) in the course of the registered certifier carrying out work on behalf of the body corporate.\n> \n> > (2) The indemnity must extend to a person who has been a registered director or registered employee of the body corporate regardless of whether the person ceased to be a registered director or registered employee before the policy commenced.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Partnership policies","content":"#### 16 Partnership policies\n\n16 Partnership policies\n\n> > (1) If a professional indemnity policy is issued to a partnership, the indemnity provided must extend to all liability of each registered certifier who, at any time before or during the term of the policy, is a registered partner or registered employee of the partnership incurred—\n> > \n> > > (a) while the registered certifier was a registered partner or registered employee of the partnership, and\n> > \n> > > (b) in the course of the registered certifier carrying out work on behalf of the partnership.\n> \n> > (2) The indemnity must extend to a person who has been a registered partner or registered employee of the partnership regardless of whether the person ceased to be a registered partner or registered employee before the policy commenced.","sortOrder":21},{"sectionNumber":"Division 3","sectionType":"division","heading":"Limits, exceptions and exclusions","content":"## Division 3 Limits, exceptions and exclusions\n\nDivision 3 Limits, exceptions and exclusions","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Matters occurring after expiry date for policy","content":"#### 17 Matters occurring after expiry date for policy\n\n17 Matters occurring after expiry date for policy\n\n> > (1) The indemnity provided by a professional indemnity policy may be limited to liability in respect of which a claim is made against an insured person and notified to the insurer before the policy’s expiry date.\n> \n> > (2) Nothing in this clause requires a professional indemnity policy to provide indemnity for liability incurred after the policy’s expiry date.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Limit of indemnity as to compensation","content":"#### 18 Limit of indemnity as to compensation\n\n18 Limit of indemnity as to compensation\n\n> > (1) A professional indemnity policy may be subject to a maximum claim limit and a maximum yearly limit.\n> \n> > (2) The maximum claim limit for a professional indemnity policy must not be less than $1,000,000 plus an additional 20% of that limit for relevant expenses.\n> \n> > (3) The maximum yearly limit for a professional indemnity policy issued to an individual must not be less than—\n> > \n> > > (a) $1,000,000 excluding relevant expenses, or\n> > \n> > > (b) $2,000,000 including relevant expenses.\n> \n> > (4) The maximum yearly limit for a professional indemnity policy issued to a body corporate must not be less than whichever of the following is the lesser—\n> > \n> > > (a) $20,000,000,\n> > \n> > > (b) the maximum yearly limit for a professional indemnity policy issued to an individual multiplied by—\n> > > \n> > > > (i) the number of registered directors and registered employees of the body corporate on the date on which the policy is issued, or\n> > > \n> > > > (ii) if the policy is the fourth or subsequent policy issued to the body corporate, whether by the same or another insurer, the average number of registered directors and registered employees of the body corporate during the previous 3 years.\n> \n> > (5) The maximum yearly limit for a professional indemnity policy issued to a partnership must not be less than whichever of the following is the lesser—\n> > \n> > > (a) $20,000,000,\n> > \n> > > (b) the maximum yearly limit for a professional indemnity policy issued to an individual multiplied by—\n> > > \n> > > > (i) the number of registered partners and registered employees of the partnership on the date on which the policy is issued, or\n> > > \n> > > > (ii) if the policy is the fourth or subsequent policy issued to the partnership, whether by the same or another insurer, the average number of registered partners and registered employees of the partnership during the previous 3 years.\n> \n> > (6) For the purposes of this clause—\n> > \n> > maximum claim limit means the limit of indemnity for any one claim.\n> > \n> > maximum yearly limit means the limit of indemnity for all claims occurring in any one year.\n> > \n> > relevant expenses means any amount in respect of the expenses of investigating a claim or the legal expenses of defending or settling a claim, if those expenses are incurred by or on behalf of the insured person.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Exclusion for claims made in relation to cladding","content":"#### 19 Exclusion for claims made in relation to cladding\n\n19 Exclusion for claims made in relation to cladding\n\n> > (1) A professional indemnity policy may provide that the indemnity provided by the policy does not apply to any claim made against the insured person in relation to—\n> > \n> > > (a) cladding that does not comply with the requirements of the Building Code of Australia, an Australian Standard or an Act or other law of the Commonwealth, this State or any other State or Territory to the extent that it applies to cladding, or\n> > \n> > > (b) cladding that is used, installed or applied to a building in a manner that does not comply with the requirements of the Building Code of Australia, an Australian Standard or an Act or other law of the Commonwealth, this State or any other State or Territory to the extent that it applies to the use, installation or application of cladding, or\n> > \n> > > (c) cladding that is used, installed or applied to a building in a manner that does not comply with the manufacturer’s conditions of use of the cladding.\n> \n> > (2) (Repealed)\n> \n> > (3) In this clause—\n> > \n> > Australian Standard means a standard published by Standards Australia.\n> > \n> > cladding means cladding or a cladding system (including, but not limited to, the panels, lining, attachment or finishes of the facade of any cladding or cladding system), whether or not insulated or made of composite materials, that is applied to any of a building’s external walls or to another external area of a building.\n> \n> **cl 19:** Am 2021 (289), cl 3; 2022 (328), Sch 1\\[3\\]; 2023 (317), Sch 1; 2024 (215), Sch 1; 2025 (276), Sch 1.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Buildings for which no occupation certificate issued","content":"#### 20 Buildings for which no occupation certificate issued\n\n20 Buildings for which no occupation certificate issued\n\n> A professional indemnity policy may provide that the indemnity provided by the policy does not apply to any claim made against the insured person in relation to building work on a building in respect of which no occupation certificate within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) has been issued unless the claim is made against the insured person, and notified to the insurer, before the expiration of 10 years from—\n> \n> > (a) the last date on which the building work was inspected by a registered certifier, or\n> \n> > (b) if no such inspection has been conducted, the date on which that part of the building in relation to which the building work was carried out is first occupied or used.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Other exceptions and exclusions","content":"#### 21 Other exceptions and exclusions\n\n21 Other exceptions and exclusions\n\n> Nothing in this Part prevents a professional indemnity policy from containing other exceptions and exclusions that are not inconsistent with the requirements of this Part.","sortOrder":27},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"## Division 4 Miscellaneous\n\nDivision 4 Miscellaneous","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Information about insurance policies","content":"#### 22 Information about insurance policies\n\n22 Information about insurance policies\n\n> For the purposes of section 109(1)(f) of the Act, the following information is prescribed—\n> \n> > (a) information about the policy schedule and any endorsements,\n> \n> > (b) details of applications made and any disclosures,\n> \n> > (c) details of completed claims,\n> \n> > (d) details of legal proceedings that relate to a claim,\n> \n> > (e) details of any amounts paid out in relation to a claim.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Existing policies","content":"#### 23 Existing policies\n\n23 Existing policies\n\n> > (1) During the transition period, an insurance policy that was taken out before the commencement of this Regulation and that complied with the requirements of section 63 of the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) immediately before the repeal of that section is taken to satisfy the requirements of section 26(2)(a) of the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).\n> \n> > (2) The fact that an accredited certifier becomes a registered certifier does not affect the validity of an insurance policy.\n> \n> > (3) In this clause—\n> > \n> > transition period means the period of 12 months following the commencement of this Regulation.","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conflicts of interest","content":"# Part 4 Conflicts of interest\n\nPart 4 Conflicts of interest","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Prescribed conflicts","content":"#### 24 Prescribed conflicts\n\n24 Prescribed conflicts\n\n> For the purposes of section 29(1)(b) of the Act, the following are circumstances in which a registered certifier has a conflict of interest in certification work—\n> \n> > (a) the registered certifier issuing a strata certificate for a strata plan, strata plan of subdivision or a notice of conversion if the plan or notice has been prepared by the registered certifier or a person who has a relationship (whether family, personal, employment or business) with the registered certifier,\n> \n> > (b) the registered certifier carrying out certification work in relation to an aspect of development if the registered certifier has done any of the following in relation to that aspect—\n> > \n> > > (i) provided advice as to how to amend a plan or specification to ensure that the aspect will comply with the Building Code of Australia or a legislative requirement (but not if the advice was merely advice as to how the plan or specification could be amended to comply with a deemed-to-satisfy provision of the Building Code of Australia and the development relates only to a class 1 building or a class 10 building),\n> > \n> > > (ii) proposed a design option for the aspect of development, including proposing a performance solution to achieve compliance with a performance requirement of the Building Code of Australia.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Circumstances in which a conflict does not arise","content":"#### 25 Circumstances in which a conflict does not arise\n\n25 Circumstances in which a conflict does not arise\n\n> > (1) For the purposes of section 28(2) of the Act, a registered certifier does not have a conflict of interest in certification work for doing anything specified in subclauses (2)–(9).\n> \n> > (2) The registered certifier issuing a relevant certificate on behalf of a council to the council or an employee of the council, but only if the development to which the certificate relates has a capital investment value of less than $2,000,000.\n> \n> > (3) The registered certifier carrying out an inspection of a swimming pool under Division 5 of Part 2 of the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049), carrying out work on the swimming pool and then issuing a certificate of compliance for the pool under that Division, but only if—\n> > \n> > > (a) the work—\n> > > \n> > > > (i) is carried out for the purposes of the issuing of the certificate of compliance, and\n> > > \n> > > > (ii) is carried out as expeditiously as possible after the inspection, and\n> > > \n> > > > (iii) has a total cost (including any materials and labour) of less than $1,000, and\n> > \n> > > (b) the registered certifier—\n> > > \n> > > > (i) holds a supervisor certificate or endorsed contractor licence under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), and\n> > > \n> > > > (ii) is authorised under that certificate or licence to build a swimming pool or carry out structural landscaping.\n> \n> > (4) The registered certifier carrying out certification work on behalf of a council under a contract (council certification work) and carrying out other certification work in the area of the council (private certification work), but not if the council certification work and private certification work relate to the same development.\n> \n> > (5) The registered certifier providing advice as to whether something complies with the Building Code of Australia or a legislative requirement or whether building work or subdivision work complies with approved plans or specifications.\n> \n> > (6) The registered certifier doing any of the following in relation to the issue of a relevant certificate—\n> > \n> > > (a) identifying the matters to be satisfied before a relevant certificate can be issued in relation to an aspect of development,\n> > \n> > > (b) indicating that a performance solution is required to satisfy the applicable requirements of the Building Code of Australia in relation to an aspect of development but without giving advice about the performance solution,\n> > \n> > > (c) identifying the relevant requirements of the Building Code of Australia in relation to an aspect of development without giving advice about potential performance solutions,\n> > \n> > > (d) in a case where the registered certifier is issuing the relevant certificate on behalf of a council, being involved in the assessment of an aspect of development during the course of the determination of the development application or application for a complying development certificate.\n> \n> > (7) The registered certifier doing any of the following in relation to the issue of a strata certificate—\n> > \n> > > (a) providing advice on whether plans and specifications for an aspect of development comply with applicable legislative requirements,\n> > \n> > > (b) providing advice on how the relevant strata plan is not in accordance with the plans and specifications in respect of which the relevant construction certificate was issued,\n> > \n> > > (c) identifying the matters to be satisfied before a strata certificate can be issued in relation to the aspect of the development.\n> \n> > (8) The registered certifier (if the registered certifier is not the principal certifier for development) issuing a compliance certificate under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) in relation to an aspect of the development where the registered certifier or a person who has a relationship (whether family, personal, employment or business) with the registered certifier has been involved in the design of, or carried out work on, that aspect.\n> \n> > (9) The registered certifier participating in a fire engineering brief for the purpose only of determining the scope of work for a fire engineering analysis and the basis for that analysis.","sortOrder":33},{"sectionNumber":"Part 5","sectionType":"part","heading":"Contracts for certification work","content":"# Part 5 Contracts for certification work\n\nPart 5 Contracts for certification work","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Definition","content":"#### 26 Definition\n\n26 Definition\n\n> In this Part—\n> \n> development certificate means the following—\n> \n> > (a) a complying development certificate under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> \n> > (b) a certificate referred to in section 6.4 of that Act,\n> \n> > (c) a strata certificate.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Requirements relating to contracts for certification work","content":"#### 27 Requirements relating to contracts for certification work\n\n27 Requirements relating to contracts for certification work\n\n> For the purposes of section 31(2) of the Act, a contract for the carrying out of certification work entered into between a person and a registered certifier or the employer of the registered certifier must comply with the requirements specified in this Part.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Particulars to be included in contract","content":"#### 28 Particulars to be included in contract\n\n28 Particulars to be included in contract\n\n> A contract must contain the following particulars—\n> \n> > (a) in the case of a contract between a person and a registered certifier—\n> > \n> > > (i) the registered certifier’s name, registration number and the address of the registered certifier’s place of business, and\n> > \n> > > (ii) a telephone number and email address for contacting the registered certifier,\n> \n> > (b) in the case of a contract between a person and the employer of a registered certifier—\n> > \n> > > (i) the name, registration number (if applicable) and address of the employer’s place of business, and\n> > \n> > > (ii) the name and registration number (if applicable) of any employee who it is proposed, at the date of the contract, will carry out certification work under the contract, and\n> > \n> > > (iii) a telephone number and email address for contacting the employer,\n> \n> > (c) the name, address and contact details of the person for whom the certification work is to be carried out,\n> \n> > (d) if any registered certifier named in the contract is required to be covered by insurance for the purposes of Division 1 of Part 3 of the Act,—\n> > \n> > > (i) the name of each insurer by whom that registered certifier is currently covered, and\n> > \n> > > (ii) the identifying number of the insurance contract, and\n> > \n> > > (iii) the dates between which the indemnity provided by the insurance contract has effect,\n> \n> > (e) particulars of the certification work to be carried out under the contract,\n> \n> > (f) in a case where the certification work that is the subject of the contract involves the carrying out of functions under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and relates to particular development—\n> > \n> > > (i) a description of the development, and\n> > \n> > > (ii) the address, and formal particulars of title, of the site of the development, and\n> > \n> > > (iii) identifying particulars for any related development consent granted under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or any related certificate issued under Part 6 of that Act (including the name of the applicable consent authority or registered certifier, the date on which the consent or certificate was granted or issued and any registered number of the consent or certificate), and\n> > > \n> > > Note.\n> > > \n> > > A complying development certificate is a form of development consent.\n> > \n> > > (iv) identifying particulars of any plans, specifications or other documents relating to the subject of any related development consent or any related certificate issued under Part 6 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and\n> > \n> > > (v) identifying particulars of any individuals who it is proposed, at the date of the contract, will undertake any inspections required to be carried out under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) in connection with the certification work (including any applicable registration numbers of those individuals),\n> \n> > (g) the fees and charges to be paid for certification work under the contract and, in the case of fees and charges that may be payable for work arising as a result of unforeseen contingencies, the basis on which those fees and charges are to be calculated,\n> \n> > (h) the date on which the contract is made.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Details of fees and charges","content":"#### 29 Details of fees and charges\n\n29 Details of fees and charges\n\n> A contract must—\n> \n> > (a) if the certification work involves the determination of an application for a development certificate—require the fees and charges payable for the determination (excluding any fees and charges for work arising as a result of unforeseen contingencies) to be paid on or before the lodgment of the application, and\n> \n> > (b) if the certification work involves the carrying out of functions of a principal certifier—require the fees and charges payable for carrying out those functions in respect of particular development (excluding any fees and charges for work arising as a result of unforeseen contingencies) to be paid before the functions are carried out in respect of that development, and\n> \n> > (c) if the contract provides for payment of fees and charges for carrying out work arising as a result of unforeseen contingencies—provide for invoices to be issued within 21 days after the completion of that work.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Must be signed, executed and contain declaration","content":"#### 30 Must be signed, executed and contain declaration\n\n30 Must be signed, executed and contain declaration\n\n> A contract must—\n> \n> > (a) be signed, or otherwise appropriately executed, by the parties to the contract, and\n> \n> > (b) include a declaration by the person for whom the certification work is to be carried out confirming that the person—\n> > \n> > > (i) has freely chosen to engage the particular certifier, and\n> > \n> > > (ii) has read the contract and any document accompanying the contract and understands the roles and responsibilities of the person and the registered certifier.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Must be accompanied by information sheet","content":"#### 31 Must be accompanied by information sheet\n\n31 Must be accompanied by information sheet\n\n> A contract must be accompanied by any applicable document that the Secretary makes available on the website of the Department for the purposes of this clause addressing—\n> \n> > (a) the role and statutory obligations of registered certifiers, and\n> \n> > (b) the role of the person for whom the certification work is carried out, and\n> \n> > (c) the types of information that can be found on the register of registrations and approvals maintained under section 102 of the Act.","sortOrder":40},{"sectionNumber":"Part 6","sectionType":"part","heading":"Accreditation authorities","content":"# Part 6 Accreditation authorities\n\nPart 6 Accreditation authorities","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Accreditation authority approval guidelines","content":"#### 32 Accreditation authority approval guidelines\n\n32 Accreditation authority approval guidelines\n\n> For the purposes of section 61(2)(d) of the Act, the guidelines may make provision for or with respect to the following—\n> \n> > (a) the complaint handling for making a complaint about an accreditation authority or a person exercising the functions of an accreditation authority,\n> \n> > (b) how the Secretary will exercise any of the Secretary’s functions under Part 6 of the Act,\n> \n> > (c) the publication of information about an accreditation scheme.","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Additional ground for refusing approval","content":"#### 33 Additional ground for refusing approval\n\n33 Additional ground for refusing approval\n\n> For the purposes of section 63(3)(f) of the Act, the Secretary may refuse an approval to exercise the functions of an accreditation authority if—\n> \n> > (a) the Secretary has requested the applicant for the approval to provide additional information necessary for the Secretary to determine the application, and\n> \n> > (b) the applicant fails to provide the information within the reasonable time specified by the Secretary.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Suitability of person for approval","content":"#### 34 Suitability of person for approval\n\n34 Suitability of person for approval\n\n> > (1) For the purposes of sections 63(4)(a) and 75(2)(b) of the Act, the following matters are prescribed as matters that the Secretary may have regard to—\n> > \n> > > (a) the person (including, if the person is a body corporate, a director of the body corporate) has, within the previous 10 years, been convicted of a relevant offence,\n> > \n> > > (b) the Independent Commission Against Corruption, within the previous 10 years, has made a finding or has been of the opinion that the person (including, if the person is a body corporate, a director of the body corporate) has engaged in corrupt conduct,\n> > \n> > > (c) the person (including, if the person is a body corporate, a director of the body corporate) is an undischarged bankrupt,\n> > \n> > > (d) the person is disqualified (other than on the grounds of not residing in that jurisdiction or on the grounds that the person is a body corporate) from holding an equivalent authorisation under the law of another Australian jurisdiction,\n> > \n> > > (e) a close associate of the person who would not be a fit and proper person to be approved exercises a significant influence over the person or the operation and management of the person’s business.\n> \n> > (2) For the purposes of section 75(2)(b) of the Act, the Secretary may have regard to the fact that the Secretary is of the opinion that the accreditation scheme of the accreditation authority does not comply with the requirements of the Act, the regulations or the accreditation authority approval guidelines.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Deemed refusal of application for approval","content":"#### 35 Deemed refusal of application for approval\n\n35 Deemed refusal of application for approval\n\n> > (1) For the purposes of section 63(6) of the Act, the Secretary is taken to have refused approval if the Secretary fails to give the applicant for approval notice of a decision to grant or refuse approval within a period of 60 business days after the application is made or any longer period that the applicant consents to in writing.\n> \n> > (2) In calculating a period for the purposes of subclause (1), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.\n> \n> > (3) Subclause (1) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Condition that evidence of insurance be provided to Secretary","content":"#### 36 Condition that evidence of insurance be provided to Secretary\n\n36 Condition that evidence of insurance be provided to Secretary\n\n> > (1) For the purposes of section 66(1)(a) of the Act, it is a condition of an approval of an accreditation authority that the accreditation authority provide the Secretary with a copy of the certificate of currency for each insurance policy held by the accreditation authority.\n> \n> > (2) If the accreditation authority takes out a new policy of insurance or renews a policy of insurance, the certificate of currency must be provided under subclause (1) within 5 business days.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Variation of approval of accreditation authority","content":"#### 37 Variation of approval of accreditation authority\n\n37 Variation of approval of accreditation authority\n\n> > (1) For the purposes of section 65(3) of the Act, an application for variation of approval must—\n> > \n> > > (a) be in a form approved by the Secretary, and\n> > \n> > > (b) include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application, and\n> > \n> > > (c) be accompanied by the fee payable as if the application were an application for the grant of approval.\n> \n> > (2) If the Secretary considers it necessary to do so, the Secretary may require further documents or information to be provided by the applicant.\n> \n> > (3) A variation of approval takes effect—\n> > \n> > > (a) at the time specified by the Secretary in the written notice under section 65 of the Act, or\n> > \n> > > (b) if no time is specified or if the notice is served on the accreditation authority after that time, when the notice is served on the accreditation authority.\n> \n> > (4) The Secretary is taken to have refused to grant a variation of approval to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.\n> \n> > (5) In calculating a period for the purposes of subclause (4), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.\n> \n> > (6) Subclause (4) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Provision of information to the Secretary","content":"#### 38 Provision of information to the Secretary\n\n38 Provision of information to the Secretary\n\n> For the purposes of section 70(3) of the Act, the Secretary may request information be provided periodically or within a specified time after specified occurrences.","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Publication of information","content":"#### 39 Publication of information\n\n39 Publication of information\n\n> For the purposes of section 73(3) of the Act, the Secretary may request information be made publicly available periodically or within a specified time after specified occurrences.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Matters that an accreditation scheme must provide for","content":"#### 40 Matters that an accreditation scheme must provide for\n\n40 Matters that an accreditation scheme must provide for\n\n> The matters set out in this Division are the matters that an accreditation scheme must provide for under section 79(2)(c) of the Act.","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Process for avoiding conflicts of interest","content":"#### 41 Process for avoiding conflicts of interest\n\n41 Process for avoiding conflicts of interest\n\n> An accreditation scheme must provide for a process for recognising and managing any conflict of interest between the functions of the accreditation authority under the accreditation scheme and the other functions of the body corporate that is the accreditation authority.","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Accreditation","content":"#### 42 Accreditation\n\n42 Accreditation\n\n> An accreditation scheme must provide for the following—\n> \n> > (a) a process for the accreditation of persons that is fair, impartial, transparent and timely,\n> \n> > (b) the period for which accreditation is granted, being at least 1 year and no more than 5 years,\n> \n> > (c) the ability for a person to apply for accreditation regardless of whether the person is a member of the accreditation authority.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Record keeping","content":"#### 43 Record keeping\n\n43 Record keeping\n\n> An accreditation scheme must provide for the keeping of records by accreditation holders in relation to the carrying out of regulated work for a minimum of 10 years.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Code of conduct","content":"#### 44 Code of conduct\n\n44 Code of conduct\n\n> An accreditation scheme must include a code of conduct for accreditation holders that imposes requirements on accreditation holders that are not less than the requirements imposed on registered certifiers by the code of conduct for registered certifiers.","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Duties of accreditation authority","content":"#### 45 Duties of accreditation authority\n\n45 Duties of accreditation authority\n\n> An accreditation scheme must provide for the accreditation authority—\n> \n> > (a) to act in the public interest in the exercise of its functions, and\n> \n> > (b) to exercise its functions independently, fairly and with honesty and integrity, and\n> \n> > (c) to avoid and manage conflicts of interest, and\n> \n> > (d) to ensure the accreditation scheme keeps up with changes in industry practice and legal requirements, and\n> \n> > (e) to ensure that its staff are appropriately trained and act in accordance with the accreditation scheme.","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Public website","content":"#### 46 Public website\n\n46 Public website\n\n> > (1) An accreditation scheme must provide for a public website to be maintained that includes the following—\n> > \n> > > (a) clear information about the accreditation scheme, including—\n> > > \n> > > > (i) the application and renewal process, and\n> > > \n> > > > (ii) the standard conditions imposed on accreditation holders, and\n> > > \n> > > > (iii) the code of conduct, and\n> > > \n> > > > (iv) the process for monitoring and investigating accreditation holders and the disciplinary action that may be taken, and\n> > > \n> > > > (v) the complaint handling and dispute resolution process,\n> > \n> > > (b) a searchable register of persons who are currently (or were formerly) accredited under the scheme,\n> > \n> > > (c) information about how a person may make a complaint about an accreditation holder,\n> > \n> > > (d) any information required to be included on the website by the Secretary (either by notice in writing to the accreditation authority or by including the requirement in the relevant accreditation authority approval guidelines).\n> \n> > (2) Information required to be included on the website must—\n> > \n> > > (a) be included in a prominent location, and\n> > \n> > > (b) be up to date, and\n> > \n> > > (c) be freely available to members of the public.","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Transition strategy if accreditation authority no longer grants accreditation","content":"#### 47 Transition strategy if accreditation authority no longer grants accreditation\n\n47 Transition strategy if accreditation authority no longer grants accreditation\n\n> > (1) An accreditation scheme must provide for a strategy as to what is to occur to accreditation holders if the accreditation authority no longer provides for the accreditation of those persons.\n> \n> > (2) The strategy must address the following—\n> > \n> > > (a) how accreditation holders and members of the public will be notified,\n> > \n> > > (b) details of any transition period to be provided to accreditation holders,\n> > \n> > > (c) how fees will be reimbursed to accreditation holders, if applicable,\n> > \n> > > (d) what is to happen to records and information held by the accreditation authority that relate to accreditation holders.","sortOrder":59},{"sectionNumber":"48","sectionType":"section","heading":"Body corporate no longer able to exercise accreditation authority functions","content":"#### 48 Body corporate no longer able to exercise accreditation authority functions\n\n48 Body corporate no longer able to exercise accreditation authority functions\n\n> > (1) The Secretary must publish a notice in the Gazette if a body corporate is no longer able to exercise the functions of an accreditation authority because its approval as an accreditation authority is suspended or cancelled.\n> \n> > (2) The notice is to be published as soon as practicable after the suspension or cancellation.\n> \n> > (3) The Secretary may also publish the notice in any other manner that the Secretary sees fit.","sortOrder":61},{"sectionNumber":"Part 7","sectionType":"part","heading":"Record keeping","content":"# Part 7 Record keeping\n\nPart 7 Record keeping","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Records generally","content":"#### 49 Records generally\n\n49 Records generally\n\n> > (1) This Division sets out the records that a registered certifier must keep for the purposes of section 120(2)(c) of the Act.\n> \n> > (2) A record required to be kept by a registered certifier under this Division is required to be kept—\n> > \n> > > (a) at the registered certifier’s business premises or in another secure place, or\n> > \n> > > (b) in any other location or manner approved by the Secretary.\n> \n> > (3) A record must be kept securely and must be in a form that can be readily inspected.\n> \n> > (4) This Division does not require a registered certifier to keep records in relation to any certification work carried out by the registered certifier on behalf of a council.\n> \n> > (5) This Division does not require a registered certifier to keep copies of—\n> > \n> > > (a) any certificate, or any ancillary application, determination, plan, specification or other document, for more than 10 years after the date on which the certificate was issued, or\n> > > \n> > > Note.\n> > > \n> > > While this Division may not require a document to be kept for more than 10 years other legislation may impose a requirement that the document be kept longer.\n> > \n> > > (b) a record of an inspection or missed inspection for more than 10 years after the time the inspection was conducted or missed, or\n> > \n> > > (c) any list of projects (together with details of those projects) for more than 10 years after the list was required to be prepared.\n> \n> > (6) A registered certifier who fails to comply with a requirement of this Division is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—40 penalty units, or\n> > \n> > > (b) in the case of a body corporate—100 penalty units.\n> \n> **cl 49:** Am 2020 (732), Sch 1\\[3\\].","sortOrder":64},{"sectionNumber":"50","sectionType":"section","heading":"Planning Act records","content":"#### 50 Planning Act records\n\n50 Planning Act records\n\n> A registered certifier must keep copies of the following—\n> \n> > (a) any application for a relevant certificate that has been made to the registered certifier,\n> \n> > (b) any written determination that has been made by the registered certifier in relation to an application for a relevant certificate,\n> \n> > (c) any certificate or other document that the registered certifier has relied on for the purpose of issuing a relevant certificate,\n> \n> > (d) each relevant certificate issued by the registered certifier (including any documents forming part of the certificate),\n> \n> > (e) any plan or specification in respect of which the registered certifier has issued a relevant certificate,\n> \n> > (f) for each year to which the registered certifier’s registration relates, a list of the projects in connection with which the registered certifier has issued a relevant certificate, and for each project—\n> > \n> > > (i) the types of certificates issued, and\n> > \n> > > (ii) the classification of the building involved, and\n> > \n> > > (iii) the name of the local government area in which the project is located and the address of the land or premises concerned (including the lot and deposited plan number), and\n> > \n> > > (iv) except in the case of a subdivision certificate, the estimated cost of the project, and\n> > \n> > > (v) in the case of a subdivision certificate, the number of lots created by the subdivision, and\n> > \n> > > (vi) the name of the applicant for the certificate, and\n> > \n> > > (vii) the name of the owner of the land or premises concerned, and\n> > \n> > > (viii) the name of the principal contractor,\n> \n> > (g) a record, of a site inspection, required under—\n> > \n> > > (i) the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 17(1), 63(1) or 66(5), or\n> > \n> > > (ii) the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 140(1),\n> \n> > (h) if the registered certifier is a principal certifier, any record of inspection provided to the registered certifier by another certifier under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 63(2),\n> \n> > (i) any performance solution report obtained by, or provided to, the registered certifier under—\n> > \n> > > (i) the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 18(1), or\n> > \n> > > (ii) the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 137(3).\n> \n> **cl 50:** Am 2022 (781), Sch 1\\[5\\]–\\[7\\]","sortOrder":65},{"sectionNumber":"51","sectionType":"section","heading":"Strata Act records","content":"#### 51 Strata Act records\n\n51 Strata Act records\n\n> A registered certifier must, for each year to which the registered certifier’s registration relates, keep—\n> \n> > (a) a list of the projects in connection with which the registered certifier has issued a strata certificate, and\n> \n> > (b) for each of those projects, records of the following—\n> > \n> > > (i) the classification of the building involved,\n> > \n> > > (ii) the name of the local government area in which the project is located and the address of the land or premises concerned (including the lot and deposited plan number),\n> > \n> > > (iii) the name of the applicant for the certificate,\n> > \n> > > (iv) the name of the owner of the land or premises concerned,\n> > \n> > > (v) the number of lots created by, or that are the subject of, the strata plan, strata plan of subdivision or notice of conversion to which the strata certificate relates.","sortOrder":66},{"sectionNumber":"52","sectionType":"section","heading":"Swimming Pools Act records","content":"#### 52 Swimming Pools Act records\n\n52 Swimming Pools Act records\n\n> A registered certifier must, for each year to which the registered certifier’s registration relates, keep—\n> \n> > (a) a list of the premises at which the registered certifier has carried out inspections under the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049), and\n> \n> > (b) for each of those premises, records of the following—\n> > \n> > > (i) the name of the local government area in which the premises are located and the address of the premises (including the lot and deposited plan number),\n> > \n> > > (ii) the date on which the inspection was carried out,\n> > \n> > > (iii) if the inspection was carried out under section 22C of that Act, the name of the owner of the premises who requested the inspection,\n> > \n> > > (iv) the name (if known) of the principal contractor who constructed or installed the swimming pool or barrier that was the subject of the inspection,\n> > \n> > > (v) details (including copies) of any certificate of compliance under that Act issued by the registered certifier in relation to the swimming pool or barrier,\n> > \n> > > (vi) details (including copies) of any notice under section 22E of that Act issued by the registered certifier in relation to the swimming pool or barrier and the date on which any such notice was forwarded to the relevant local authority.","sortOrder":67},{"sectionNumber":"53","sectionType":"section","heading":"Former records","content":"#### 53 Former records\n\n53 Former records\n\n> A registered certifier who was previously accredited under the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) must cause copies to be kept of any documents the registered certifier was required to keep under that Act.","sortOrder":68},{"sectionNumber":"54","sectionType":"section","heading":"Records relating to registered bodies corporate","content":"#### 54 Records relating to registered bodies corporate\n\n54 Records relating to registered bodies corporate\n\n> > (1) This clause applies to any document or record referred to in clause 50 that is obtained or created by—\n> > \n> > > (a) a registered body corporate, or\n> > \n> > > (b) a registered director of a body corporate, or\n> > \n> > > (c) a registered certifier who is an employee of a registered body corporate, in the course of carrying out certification work on behalf of the body corporate.\n> \n> > (2) The documents and records to which this clause applies are to be kept in accordance with this Division by—\n> > \n> > > (a) the registered body corporate concerned, or\n> > \n> > > (b) if the body corporate ceases to be a registered body corporate, the registered certifier who was a registered director of the body corporate most recently before it ceased to be a registered body corporate, or\n> > \n> > > (c) if there is more than 1 registered certifier under paragraph (b) and those registered certifiers have come to an arrangement that only 1 of them will keep the required records, that registered certifier.\n> \n> > (3) Any document or record to which this clause applies is to be kept so as to enable it to be made available for inspection and copying on request by any person who obtained or created it in the course of carrying out certification work on behalf of the body corporate.","sortOrder":69},{"sectionNumber":"55","sectionType":"section","heading":"Records generally","content":"#### 55 Records generally\n\n55 Records generally\n\n> > (1) This Division sets out the records a local council must keep for the purposes of section 120(2)(c) of the Act.\n> \n> > (2) A record required to be kept by a council under this Division is required to be kept at the office of the council or in another secure place.\n> \n> > (3) A record required to be kept by a council under this Division is to be kept—\n> > \n> > > (a) for a period of at least 10 years, and\n> > \n> > > (b) in a way that will enable it to be made available for inspection and copying on request by any person who obtained or created it in the course of carrying out certification work on behalf of the council.","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Records of certifiers employed or engaged by council","content":"#### 56 Records of certifiers employed or engaged by council\n\n56 Records of certifiers employed or engaged by council\n\n> A council must keep the following records in relation to each registered certifier who is employed or engaged by the council to carry out certification work on behalf of the council—\n> \n> > (a) the name and registration number of the registered certifier,\n> \n> > (b) the date on which the registered certifier commenced that employment or was engaged by the council,\n> \n> > (c) the date on which the registered certifier ceased to be so employed or engaged,\n> \n> > (d) a description of each project (including an address and file identifier, if available, and particulars of any certificate issued) in respect of which the registered certifier carried out certification work on behalf of the council, being a description that enables the certification work to be adequately identified.","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Planning Act records","content":"#### 57 Planning Act records\n\n57 Planning Act records\n\n> A council must keep copies of the following—\n> \n> > (a) any application for a relevant certificate made to the council,\n> \n> > (b) any written determination that has been made by the council in relation to an application for a relevant certificate,\n> \n> > (c) any certificate or other document that the council has relied on for the purpose of issuing a relevant certificate,\n> \n> > (d) each relevant certificate issued by the council (including any documents forming part of the certificate),\n> \n> > (e) any plans and specifications in respect of which the council has issued a relevant certificate,\n> \n> > (f) a list of the projects in connection with which the council has issued a relevant certificate and for each project—\n> > \n> > > (i) the types of certificates issued, and\n> > \n> > > (ii) the classification of the building involved, and\n> > \n> > > (iii) the name of the local government area in which the project is located and the address of the land or premises concerned (including the lot and deposited plan number), and\n> > \n> > > (iv) except in the case of a subdivision certificate, the estimated cost of the project, and\n> > \n> > > (v) in the case of a subdivision certificate, the number of lots created by the subdivision, and\n> > \n> > > (vi) the name of the applicant for the certificate, and\n> > \n> > > (vii) the name of the owner of the land or premises concerned, and\n> > \n> > > (viii) the name of the principal contractor,\n> \n> > (g) a record, of a site inspection, required under—\n> > \n> > > (i) the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 17(1), 63(1) or 66(5), or\n> > \n> > > (ii) the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 140(1),\n> \n> > (h) if the council is a principal certifier, any record of an inspection provided to the council by another certifier the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 63(2),\n> \n> > (i) any performance solution report obtained by, or provided to, the council under—\n> > \n> > > (i) the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 18(1), or\n> > \n> > > (ii) the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 137(3).\n> \n> **cl 57:** Am 2022 (781), Sch 1\\[8\\]–\\[10\\]","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Swimming Pools Act records","content":"#### 58 Swimming Pools Act records\n\n58 Swimming Pools Act records\n\n> A council must keep copies of the following—\n> \n> > (a) a list of the premises at which a registered certifier employed or engaged by the council to carry out certification work on the council’s behalf has carried out inspections under the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049),\n> \n> > (b) for each of those premises, records of the following—\n> > \n> > > (i) the lot and deposited plan number of the premises,\n> > \n> > > (ii) the date on which the inspection was carried out,\n> > \n> > > (iii) if the inspection was carried out under section 22C of that Act, the name of the owner of the premises who requested the inspection,\n> > \n> > > (iv) the name (if known) of the principal contractor who constructed or installed the swimming pool or barrier that was the subject of the inspection,\n> > \n> > > (v) details (including copies) of any certificate of compliance under that Act issued by the registered certifier in relation to the swimming pool or barrier,\n> > \n> > > (vi) details (including copies) of any notice under section 22E of that Act issued by the registered certifier in relation to the swimming pool or barrier.","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Records generally","content":"#### 59 Records generally\n\n59 Records generally\n\n> > (1) This Division sets out the records an accreditation authority must keep for the purposes of section 74(1) of the Act.\n> \n> > (2) A record required to be kept by an accreditation authority under this Division is required to be kept at the office of the accreditation authority or in another secure place.\n> \n> > (3) A record required to be kept by an accreditation authority under this Division is to be kept for a period of at least 10 years.\n> \n> Note.\n> \n> Section 74(4) of the Act imposes a maximum penalty of 100 penalty units for a failure to keep the records required under this Division.","sortOrder":76},{"sectionNumber":"60","sectionType":"section","heading":"Accreditation records","content":"#### 60 Accreditation records\n\n60 Accreditation records\n\n> An accreditation authority must keep copies of the following—\n> \n> > (a) the assessments undertaken by that accreditation authority of all applications made to it for a grant of accreditation,\n> \n> > (b) a register showing all persons for whom the accreditation authority is, or has been, the regulating accreditation authority,\n> \n> > (c) for each of those persons, records of the following—\n> > \n> > > (i) conditions imposed by the accreditation authority on the person’s accreditation,\n> > \n> > > (ii) investigations conducted by the accreditation authority into the person,\n> > \n> > > (iii) complaints made or referred to the accreditation authority about the person,\n> > \n> > > (iv) disciplinary action taken by the accreditation authority against the person,\n> > \n> > > (v) audits conducted by the accreditation authority against the person,\n> \n> > (d) the following documents (and all previous versions of those documents)—\n> > \n> > > (i) a document setting out the procedures adopted by the accreditation authority for dealing with applications made for a grant of accreditation,\n> > \n> > > (ii) a document setting out the standard conditions that the accreditation authority imposes on accreditations granted by the accreditation authority,\n> > \n> > > (iii) a document setting out the accreditation authority’s code of conduct for accreditation holders,\n> > \n> > > (iv) a document setting out how the accreditation authority deals with complaints and disputes involving accreditation holders,\n> > \n> > > (v) a document setting out the procedures adopted by the accreditation authority for taking disciplinary action against accreditation holders,\n> > \n> > > (vi) a document setting out how the accreditation authority monitors and investigates accreditation holders.","sortOrder":77},{"sectionNumber":"Part 8","sectionType":"part","heading":"Councils","content":"# Part 8 Councils\n\nPart 8 Councils","sortOrder":78},{"sectionNumber":"61","sectionType":"section","heading":"Responsibilities of councils carrying out certain certification work","content":"#### 61 Responsibilities of councils carrying out certain certification work\n\n61 Responsibilities of councils carrying out certain certification work\n\n> For the purposes of section 112(1) of the Act, the prescribed class of certification work is all certification work other than—\n> \n> > (a) certification work under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051), or\n> \n> > (b) certification work under the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049), or\n> \n> > (c) certification work under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for subdivision work or for a structure that does not have a classification under the Building Code of Australia.","sortOrder":79},{"sectionNumber":"62","sectionType":"section","heading":"Notice to be given by council of certain matters","content":"#### 62 Notice to be given by council of certain matters\n\n62 Notice to be given by council of certain matters\n\n> > (1) For the purposes of section 120(2)(c) of the Act, a council must provide the following information to the Secretary—\n> > \n> > > (a) the date on which a registered certifier is employed or engaged by the council in a position that involves the carrying out of certification work on behalf of the council and the registration number of the registered certifier,\n> > \n> > > (b) the date on which a registered certifier ceases to be employed or engaged by the council in a position that involves the carrying out of certification work on behalf of the council.\n> \n> > (2) The information must be provided in writing within 7 days after the date of the relevant event.","sortOrder":80},{"sectionNumber":"63","sectionType":"section","heading":"Exemptions for registered certifiers employed by councils from civil penalty","content":"#### 63 Exemptions for registered certifiers employed by councils from civil penalty\n\n63 Exemptions for registered certifiers employed by councils from civil penalty\n\n> A registered certifier who is employed by a council is exempt from section 48(1)(c) of the Act.","sortOrder":81},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":82},{"sectionNumber":"64","sectionType":"section","heading":"Certain registered certifiers may carry out certain regulated work","content":"#### 64 Certain registered certifiers may carry out certain regulated work\n\n64 Certain registered certifiers may carry out certain regulated work\n\n> > (1) For the purposes of section 55 of the Act—\n> > \n> > > (a) a registered certifier who holds an engineer—electrical class of registration may carry out regulated work comprising the endorsing of plans and specifications for relevant fire safety systems comprising a fire detection and alarm system, and\n> > \n> > > (b) a registered certifier who holds an engineer—mechanical class of registration may carry out regulated work comprising the endorsing of plans and specifications for relevant fire safety systems comprising a mechanically ducted smoke control system, and\n> > \n> > > (c) a registered certifier who holds a certifier—hydraulic (building) class of registration may carry out regulated work comprising the endorsing of plans and specifications for relevant fire safety systems comprising a hydraulic fire safety system, and\n> > \n> > > (d) a registered certifier who holds a certifier—fire safety class of registration may carry out regulated work comprising the preparation of a performance solution report under—\n> > > \n> > > > (i) the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 18(1), or\n> > > \n> > > > (ii) the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 137(3).\n> > \n> > Note.\n> > \n> > Section 55 of the Act provides that when this regulated work is carried out by a registered certifier it is certification work. The registered certifier must comply with all the requirements of the registered certifier’s registration when carrying out this regulated work.\n> \n> > (2) In this clause—\n> > \n> > relevant fire safety system has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> **cl 64:** Am 2020 (732), Sch 1\\[4\\]; 2022 (781), Sch 1\\[11\\]\\[12\\].","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Regulated work may be carried out if no accredited person is available","content":"#### 65 Regulated work may be carried out if no accredited person is available\n\n65 Regulated work may be carried out if no accredited person is available\n\n> > (1) For the purposes of section 120(4) of the Act, regulated work referred to in paragraph (a) or (b) may be carried out by a person other than a person who holds an accreditation that authorises the person to carry out the regulated work, if—\n> > \n> > > (a) in the case of the exercise of a function of an accredited practitioner (fire safety) under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 18, 22 or 74 or the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 137 or 147—the relevant registered certifier or principal certifier certifies in writing (a competency certificate) that in the reasonable opinion of the certifier the person is competent to carry out the regulated work, or\n> > \n> > > (b) in the case of the exercise of a function of an accredited practitioner (fire safety) under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), Part 12—the relevant building owner certifies in writing that in the reasonable opinion of the owner the person is competent to carry out the regulated work.\n> \n> > (2) The making of a competency certificate by a registered certifier is certification work and the competency certificate is required to be retained as a record by the registered certifier in accordance with Division 1 of Part 7.\n> \n> > (3) For the purposes of section 120(4) of the Act, regulated work may be carried out by a particular appropriate person if—\n> > \n> > > (a) the Secretary is satisfied that there is no person reasonably available who holds an accreditation that authorises the person to carry out the regulated work, and\n> > \n> > > (b) the Secretary—\n> > > \n> > > > (i) in writing, authorises a particular building owner, registered certifier or principal certifier to appoint an appropriate person to carry out the regulated work, or\n> > > \n> > > > (ii) by notice in the Gazette, authorises a class of building owners, registered certifiers or principal certifiers to appoint an appropriate person to carry out regulated work of that kind, and\n> > \n> > > (c) a building owner or certifier who is so authorised, appoints the particular appropriate person in accordance with the authorisation.\n> \n> > (4) A reference in this clause to accreditation is taken to include a reference to registration when used in relation to regulated work that may be carried out by a registered certifier.\n> \n> > (5) In this clause—\n> > \n> > appropriate person means a person other than an accredited person who, in the reasonable opinion of the relevant building owner, principal certifier or registered certifier, is competent to carry out the regulated work.\n> \n> **cl 65:** Am 2022 (781), Sch 1\\[13\\] \\[14\\]","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Register of registrations and approvals","content":"#### 66 Register of registrations and approvals\n\n66 Register of registrations and approvals\n\n> > (1) For the purposes of section 102(3) of the Act, the following particulars (to the extent that the particulars are relevant) are to be included in the register in respect of each person who is (or has been) a registered certifier or accreditation authority—\n> > \n> > > (a) the person’s name,\n> > \n> > > (b) the address of the person’s place of business,\n> > \n> > > (c) a contact telephone number or an email address (or both) for the person,\n> > \n> > > (d) the registration number of the person,\n> > \n> > > (e) the class and current status of the person’s registration or approval,\n> > \n> > > (f) the date on which the person was first registered or approved,\n> > \n> > > (g) each date on which the person’s registration or approval has been renewed,\n> > \n> > > (h) the date on which any current registration held by the person is due to expire,\n> > \n> > > (i) details of the insurance indemnifying the person against liability with respect to certification work or the exercise of the functions of an accreditation authority, including the insurance policy number, the name of the insurer and the dates during which the indemnification is in force,\n> > \n> > > (j) details of each condition that has been imposed on the person’s registration or approval (other than a condition that is imposed on every registration or approval) including the nature of the condition, the date on which it was imposed and, if the condition has been removed, the date on which that occurred,\n> > \n> > > (k) each date on which the person’s registration or approval has been suspended and each date on which a suspension ended,\n> > \n> > > (l) the date on which the person’s registration or approval was cancelled or otherwise ceased to have effect,\n> > \n> > > (m) details of any grounds for taking disciplinary action against the person under Part 4 of the Act and details of the disciplinary action taken,\n> > \n> > > (n) details of any offence against the certification legislation for which the person has been prosecuted, convicted or had a penalty notice issued,\n> > \n> > > (o) details of any failure by the person to comply with an order of the Tribunal or a court to carry out certification work or pay money in relation to certification work,\n> > \n> > > (p) details of any warning notice published under section 103 of the Act warning persons about particular risks involved in dealing with the person,\n> > \n> > > (q) details of any undertakings made under section 104 of the Act by the person,\n> > \n> > > (r) for a registered body corporate, the name, registration number and class of registration of each registered individual who is (or has been)—\n> > > \n> > > > (i) a registered director of the body corporate and the dates on which the registered individual became a registered director and ceased to be a registered director, or\n> > > \n> > > > (ii) an employee of the registered body corporate and the dates on which the registered individual became an employee and ceased to be an employee.\n> \n> > (2) A reference to registration or registered in subclause (1) extends, in the case of a registered certifier who has been accredited as a certifier under the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) or the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), to include a reference to that accreditation.\n> \n> > (3) A reference to the certification legislation in subclause (1) is taken to include a reference to the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) and any regulation made under that Act.\n> \n> > (4) If a registered certifier was accredited as a certifier under the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) and was first accredited before 1 March 2007, particulars of the accreditation body by which the person was originally accredited are also to be included in the register.","sortOrder":85},{"sectionNumber":"67","sectionType":"section","heading":"Secretary’s power to waive, reduce, postpone or refund fees","content":"#### 67 Secretary’s power to waive, reduce, postpone or refund fees\n\n67 Secretary’s power to waive, reduce, postpone or refund fees\n\n> The Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—\n> \n> > (a) the person who is to pay or has paid the fee is suffering financial hardship, or\n> \n> > (b) special circumstances exist.\n> > \n> > Example of ‘special circumstances’—\n> > \n> > circumstances involving a natural disaster or recovery from a natural disaster\n> \n> **cl 67:** Subst 2020 No 3, Sch 1.4.","sortOrder":86},{"sectionNumber":"67A","sectionType":"section","heading":"Partial refund of application fees for certain registrations or approvals","content":"#### 67A Partial refund of application fees for certain registrations or approvals\n\n67A Partial refund of application fees for certain registrations or approvals\n\n> > (1) This clause applies to an application fee for grant of registration or approval with a term of 3 years or 5 years, paid by or on behalf of a person who—\n> > \n> > > (a) requested the cancellation or suspension of the registration granted under the Act, or\n> > \n> > > (b) requested the cancellation of the approval granted under the Act, or\n> > \n> > > (c) if the fee was paid by or on behalf of an individual—has died.\n> \n> > (2) A person may apply to the Secretary for a refund of the application fee if the person—\n> > \n> > > (a) paid the application fee, or\n> > \n> > > (b) is applying for or on behalf of the person who paid the application fee, or\n> > \n> > > (c) is the legal representative of a deceased individual who paid the application fee.\n> \n> > (3) A person is not entitled to make an application under this clause if the registration or approval was cancelled or suspended as a result of disciplinary action.\n> \n> > (4) A person who makes an application under subclause (2) is—\n> > \n> > > (a) for a registration or approval with a term of 3 years—entitled to a refund of one-third of the application fee paid for each complete year remaining for the registration or approval, or\n> > \n> > > (b) for a registration or approval with a term of 5 years—entitled to a refund of one-fifth of the application fee paid for each complete year remaining for the registration or approval.\n> \n> > (5) In this clause—\n> > \n> > application fee means the following—\n> > \n> > > (a) an application fee for the grant of registration,\n> > \n> > > (b) an application fee for the grant of approval as an accreditation authority.\n> \n> **cl 67A:** Ins 2020 (301), Sch 1.","sortOrder":87},{"sectionNumber":"68","sectionType":"section","heading":"Savings and transitional—existing arrangements for exchange of information","content":"#### 68 Savings and transitional—existing arrangements for exchange of information\n\n68 Savings and transitional—existing arrangements for exchange of information\n\n> An arrangement entered into by the Building Professionals Board with a relevant agency under section 82A of the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) that is in force immediately before the repeal of that section is taken to be an arrangement entered into by the Secretary with the relevant agency under section 108 of the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).","sortOrder":88},{"sectionNumber":"69","sectionType":"section","heading":"Savings and transitional—existing exemption","content":"#### 69 Savings and transitional—existing exemption\n\n69 Savings and transitional—existing exemption\n\n> > (1) An exemption granted to a certifier by the Building Professionals Board in relation to a conflict of interest under section 71(2) of the [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115) that is in force immediately before the repeal of that section is taken to continue in force in respect of the certifier for 12 months after that repeal as if it were granted by the Secretary under section 28(2) of the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).\n> \n> > (2) Despite subclause (1), the Secretary may, by notice in writing to a certifier, revoke an exemption that applies to the certifier because of this clause.","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":"Savings and transitional—exemption for certain existing conflicts of interest","content":"#### 70 Savings and transitional—exemption for certain existing conflicts of interest\n\n70 Savings and transitional—exemption for certain existing conflicts of interest\n\n> > (1) For the purposes of section 28(2) of the Act, the conflict of interest set out in subclause (2) is exempt from section 28(1) of the Act.\n> \n> > (2) A registered certifier issuing a relevant certificate on behalf of a council to a person who has a relationship (whether family, personal, employment or business) with the registered certifier, but only if—\n> > \n> > > (a) the council was appointed before 1 September 2010 as the principal certifying authority for development to which the certificate relates, or\n> > \n> > > (b) an application for the certificate was made to the council before 1 September 2010 (whether or not the council was appointed as the principal certifying authority for development to which the certificate relates), or\n> > \n> > > (c) an application for a construction certificate or complying development certificate in respect of the relevant development was made to the council before 1 September 2010 and the council was appointed on or after 1 September 2010 as the principal certifying authority for the development.","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Savings and transitional—exemption for certain existing conflicts of interest","content":"#### 71 Savings and transitional—exemption for certain existing conflicts of interest\n\n71 Savings and transitional—exemption for certain existing conflicts of interest\n\n> > (1) For the purposes of section 28(2) of the Act, a conflict of interest set out in subclause (2) or (3) is exempt from section 28(1) of the Act if, for the development to which the certification work relates—\n> > \n> > > (a) the certifier was appointed before 1 July 2020, and\n> > \n> > > (b) the development is completed before 1 July 2022.\n> \n> > (2) A registered certifier issuing a relevant certificate, for development with a capital investment value of between $2,000,000 and $5,000,000, on behalf of a council to—\n> > \n> > > (a) the council, or\n> > \n> > > (b) an employee of the council.\n> \n> > (3) A registered certifier carrying out certification work in relation to an aspect of development if the certifier has provided advice as to how to amend a plan or specification to ensure the aspect will comply with a deemed-to-satisfy provision of the Building Code of Australia.\n> \n> **cl 71:** Ins 2020 (732), Sch 1\\[5\\].","sortOrder":91},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Classes of registration","content":"# Schedule 1 Classes of registration\n\nSchedule 1 Classes of registration\n\n**sch 1:** Am 2022 (781), Sch 1\\[15\\]–\\[20\\]; 2023 (71), Sch 1.1\\[1\\].","sortOrder":92},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Qualifications and experience","content":"# Schedule 2 Qualifications and experience\n\nSchedule 2 Qualifications and experience\n\n**sch 2:** Am 2020 (300), Sch 1\\[2\\] \\[3\\]; 2020 (732), Sch 1\\[6\\]–\\[8\\]; 2022 (328), Sch 1\\[4\\]–\\[7\\]; 2022 (781), Sch 1\\[21\\] \\[22\\].","sortOrder":119},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Knowledge and skills","content":"# Schedule 3 Knowledge and skills\n\nSchedule 3 Knowledge and skills\n\n**sch 3:** Am 2020 (300), Sch 1\\[4\\]–\\[9\\]; 2023 (71), Sch 1.1\\[2\\] \\[3\\].","sortOrder":143},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Continuing professional development (CPD)","content":"# Schedule 4 Continuing professional development (CPD)\n\nSchedule 4 Continuing professional development (CPD)\n\n**sch 4:** Am 2020 (300), Sch 1\\[10\\].","sortOrder":165},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Code of conduct","content":"# Schedule 5 Code of conduct\n\nSchedule 5 Code of conduct","sortOrder":171},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Fees","content":"# Schedule 6 Fees\n\nSchedule 6 Fees","sortOrder":183},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 7 Penalty notice offences\n\nSchedule 7 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty—individuals | Penalty—corporations |\n| Offences under the Act |  |\n| Section 5 | $1,500 | $5,000 |\n| Section 20 | $1,500 | $5,000 |\n| Section 26(1) | $1,500 | $5,000 |\n| Section 28(1) | $1,500 | $5,000 |\n| Section 33(1) | $1,500 | $3,000 |\n| Section 34(1) | $1,500 | — |\n| Section 35(1) | $1,500 | $3,000 |\n| Section 35(2) | $250 | $500 |\n| Section 36 | $750 | $1,500 |\n| Section 38 | $3,000 | — |\n| Section 39 | $3,000 | — |\n| Section 40(1) | — | $5,000 |\n| Section 41(1) | — | $5,000 |\n| Section 41(2) | — | $5,000 |\n| Section 43 | $1,500 | $3,000 |\n| Section 53 | $1,500 | $5,000 |\n| Section 58 | $1,500 | $5,000 |\n| Section 70(4) | — | $3,000 |\n| Section 73(4) | — | $3,000 |\n| Section 74(4) | — | $3,000 |\n| Section 80 | — | $5,000 |\n| Section 81 | — | $5,000 |\n| Offences under this Regulation |  |\n| Clause 49(6) | $1,500 | $3,000 |\n| Schedule 5, clause 1(5) for a failure to comply with Schedule 5, clause 4(1), 6(3), 9, 10(1) or 11(a) | $1,500 | $5,000 |\n\n**sch 7:** Am 2020 (732), Sch 1\\[9\\].","sortOrder":190},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Provision of information by registered certifiers and local councils","content":"# Schedule 8 Provision of information by registered certifiers and local councils\n\nSchedule 8 Provision of information by registered certifiers and local councils\n\n**sch 8:** Ins 2020 (300), Sch 1\\[11\\]. Am 2022 (781), Sch 1\\[23\\].","sortOrder":192}],"analysis":{"summary":{"name":"Building and Development Certifiers Regulation 2020","slug":"building-and-development-certifiers-regulation-2020","title_id":"nsw:sl-2020-0078","version_id":176389,"analysis_type":"summary","content_quality":"high","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole-document analysis of all Parts and Schedules of the Regulation."},"complexity_factors":["Multiple classes of registration with different authorisations and qualification requirements","Professional indemnity insurance regime with precise prescribed minimum amounts","Detailed conflicts of interest framework with specific exceptions requiring careful analysis","Code of conduct with criminal penalty for breach","Schedule 8 mandatory information reporting obligations for principal certifiers"],"plain_english_summary":"The Building and Development Certifiers Regulation 2020 (NSW) (SL 2020-0078) is the principal subordinate legislation made under the Building and Development Certifiers Act 2018 (NSW), which replaced the former Building Professionals Act 2005 regime. The Regulation commenced on 1 July 2020 and sets out the detailed requirements for registration of building certifiers, their professional obligations and the regulatory framework within which they practise.\n\nThe Regulation defines classes of registration (Schedule 1), including classes for building surveyors (unrestricted and restricted), engineers (structural, fire safety, mechanical, electrical, hydraulic and subdivision), and specialist roles. Each class specifies the certification work the holder is authorised to perform. Qualifications and experience requirements are set out in Schedule 2, and knowledge and skill standards in Schedule 3.\n\nPart 3 requires registered certifiers to maintain professional indemnity insurance with prescribed minimum coverage amounts. The insurance must cover certification work and must be from an approved insurer. Part 4 prescribes conflicts of interest, including the circumstances in which certifiers are prohibited from carrying out certification work and the limited exceptions. Part 5 regulates contracts for certification work.\n\nSchedule 5 sets out the code of conduct, which imposes duties on registered certifiers to act in the public interest, maintain competence, avoid conflicts, maintain records, and not act for private benefit. Breach of the code of conduct is a criminal offence carrying up to 100 penalty units for an individual (200 for a body corporate).\n\nSchedule 4 sets continuing professional development requirements. Schedule 6 sets fees. Schedule 8 governs the information principal certifiers must provide to authorities before, during and after building works."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the Regulation text itself, the instrument implements and details functions delegated by the Building and Development Certifiers Act 2018 (see cl 2 and multiple cross‑references such as cl 4 and cl 13). Transitional provisions (cls 68–71) explicitly preserve existing arrangements and certain pre‑existing exemptions for defined periods, indicating continuity rather than an expansion of statutory scope. The Regulation therefore refines and operationalises the Act’s scope without, on its face, widening or narrowing the statutory authorisations beyond those implementation and transitional arrangements."},"complexity_factors":["Large number of distinct registration classes and mapped certification scopes (Schedule 1) increasing rule complexity and role boundaries.","Extensive cross‑referencing to multiple external Acts and regulations (Environmental Planning and Assessment Act 1979, Strata Schemes Development Act 2015, Swimming Pools Act 1992, Home Building Act 1989, etc.), requiring users to consult several instruments (see cl 3 and many provisions).","Detailed insurance rules including retroactive coverage requirements, minimum claim and yearly limits, and permitted exclusions (Part 3, cls 13–21), which affect commercial insurance arrangements.","Prescriptive record‑keeping obligations for different actors (Part 7, cls 49–60) with differing retention periods and inspection rights, plus criminal and penalty notice sanctions (cl 49(6); Schedule 7).","Accreditation scheme requirements are operationally detailed (Part 6, cls 40–47), including public website, transition strategies and conflict‑of‑interest processes, increasing administrative burden for accreditation authorities.","Multiple discretionary powers afforded to the Secretary (recognition of training, approval/variation/refusal timeframes, waivers/refunds) that interact with procedural time limits (cls 4, 6, 35, 37, 67).","Fee structure with CPI‑indexed fee unit calculations and rounding rules (Schedule 6, Part 2) requiring ongoing indexation management.","Transitional and savings provisions preserving prior accreditations and exemptions for set periods (cls 68–71), adding temporal complexity during changeovers."],"plain_english_summary":"What this Regulation does (mechanics)\n\n- Establishes the detailed rules that sit under the Building and Development Certifiers Act 2018 for how certifiers and accreditation authorities are registered, authorised, insured, monitored and sanctioned. It does this by prescribing: classes of registration and the certification work each class can do (Schedule 1); the minimum qualifications, experience, knowledge and skills required for each class (Schedules 2 and 3); continuing professional development requirements (Schedule 4); a code of conduct (Schedule 5); insurance (professional indemnity) requirements including minimum limits and permitted exclusions (Part 3, cls 13–21); record‑keeping obligations for certifiers, councils and accreditation authorities (Part 7, cls 49–60); rules about conflicts of interest (Part 4, cls 24–25); contract content and consumer information to be provided when engaging certifiers (Part 5, cls 27–31); accreditation scheme content and oversight requirements for accreditation authorities (Part 6, cls 32–48); fees and fee‑indexing (Schedule 6); and a list of penalty‑notice offences and amounts (Schedule 7).\n\n- Gives the Secretary of the Department multiple operational powers: to recognise training (cl 4), require evidence or further information for registrations and approvals (cls 7, 37), impose, vary or revoke recognitions and conditions (cl 4(4)–(6); cl 9(1)), require public information or certificates of currency from accreditation authorities (cls 32, 36, 39), waive or refund fees in special cases (cl 67), and approve or refuse accreditation authorities (cls 33–35). The Secretary also has suspension powers tied to disciplinary action and insurance adequacy (cl 9A).\n\n- Sets the mechanics of professional indemnity insurance: who must be covered, how policies must extend to past liability for individuals and entities (cls 14–16), minimum claim and yearly limits (cl 18), permitted policy limitations (cl 17), and a specific allowance for cladding exclusions and other permitted exclusions (cls 19–21).\n\nOfficial purpose‑claims (as stated in the instrument)\n\n- The Regulation is framed to implement particular provisions of the Act (see, e.g., cl 4 for section 120(2)(a); cl 13 for section 26(2)(a); Schedule notes referencing section 6(4) of the Act). Those references indicate the Regulation is intended to: define registration classes and the credentials for entry, set professional standards, require insurance and record keeping, and provide enforcement tools.\n\nHow those purpose‑claims map to costs, incentives and implementation trade‑offs\n\n- Who pays: applicants and registered entities pay fees for registration, variations, replacement certificates and certain approvals as set in Schedule 6; professional indemnity premiums are an ongoing cost for individuals, bodies corporate and partnerships covered by the insurance rules (cls 13–16; cl 18). Where fee relief is appropriate, the Secretary may waive, reduce or refund fees (cl 67).\n\n- Compliance burden and administrative costs: registered certifiers and accreditation authorities must keep detailed records for at least 10 years (cl 49(5), cl 43, cl 59), hold up‑to‑date insurance documentation and provide it when requested (cl 36), meet CPD point requirements annually (Schedule 4), and include prescribed particulars and disclosures in contracts with clients (Part 5, cls 27–31). Failure to keep required records or comply with the code of conduct carries specified penalties (cl 49(6); Schedule 7).\n\n- Concentrated benefits vs diffuse costs: the most direct, concentrated benefits (ability to hold and exercise a registration class; authority to accredit) accrue to registered certifiers and accreditation authorities. The most directly affected payers and compliance‑burdened parties are registered individuals, registered bodies corporate and accreditation authorities (Schedules 1–3; Part 6). Costs are spread across market participants through insurance premiums and fees.\n\n- Incentives and substitution effects: minimum insurance limits (cl 18) and permitted exclusions (notably cladding-related exclusions in cl 19) change the allocation of financial risk between certifiers, insurers and claimants. The cladding exclusion (cl 19) permits insurers to deny cover for certain cladding‑related claims; this may influence insurers’ pricing and underwriters’ appetite and could cause parties to seek additional contractual protections or alternative providers. The Regulation also allows certain regulated work to be done by non‑accredited persons if a competency certificate is issued or the Secretary authorises it (cl 65), which is a substitution pathway when accredited practitioners are not reasonably available.\n\n- Bureaucratic discretion and implementation risk: the Secretary has broad discretionary powers to recognise training, approve or refuse accreditation authorities, require further information and impose conditions (cls 4, 32–37, 67). Those discretions are necessary for operational oversight but create implementation risk in the form of decision delays (timing rules are prescribed in cls 6 and 35 to treat failures to notify within specified periods as refusals) and administrative variability.\n\n- Enforcement and predictability: the Regulation specifies penalty‑notice offences and monetary amounts (Schedule 7), required register content (cl 66) and recordkeeping obligations (Part 7), providing clarity about enforcement mechanisms and public information. At the same time, permitted exemptions and transitional arrangements (cls 68–71) preserve some pre‑existing approvals and exemptions for set periods, which moderates immediate scope changes.\n\nNet operational picture (concise)\n\n- The Regulation translates statutory delegations in the Act into operational rules: it defines who can do what, what qualifications and insurance are required, how contracts and records must be structured, how accreditation schemes must operate and how the Secretary exercises oversight. This concentrates regulatory compliance costs on certifiers, entities employing certifiers and accreditation authorities while vesting implementation and discretionary functions in the Secretary (see cl 4; cl 36; cl 67; Part 6)."},"kimi_summary":{"_metrics":{"completionTokens":579},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Regulation appears to operate within its original scope as subordinate legislation to the Building and Development Certifiers Act 2018. It implements rather than expands the primary legislation's framework, though it does contain detailed operational rules that flesh out the statutory scheme. The 2022 amendments added new registration classes and adjusted insurance requirements, but these represent implementation refinements rather than scope expansion."},"complexity_factors":["20 distinct registration classes with overlapping but different qualification pathways","Multiple cross-references to other Acts (EP&A Act, Swimming Pools Act, Strata Schemes Development Act, Home Building Act)","Nested conditional logic in insurance requirements (different limits for individuals, body corporates, partnerships)","Extensive record-keeping obligations with 10-year retention periods","Fee calculation system tied to CPI with annual adjustments","Multiple pathways to registration for each class (often 2-3 alternatives)","Complex transitional provisions for former accredited certifiers","Detailed prescription of conflicts of interest with numerous exceptions","Practice Standards (Volume 1 and 2) incorporated by reference with staged implementation dates","Schedules 2 and 3 contain parallel but distinct qualification, experience, knowledge and skills requirements"],"plain_english_summary":"This Regulation sets out the detailed rules for how building and development certifiers operate in NSW. It covers:\n\n**Who needs to register and how**\n- Establishes 20 different classes of registration (from building inspectors to specialist engineers)\n- Sets minimum qualifications, experience, and skills for each class\n- Requires continuing professional development (25 points/year for most certifiers, 6 points for swimming pool inspectors)\n- Allows the Secretary to recognise training courses and require exams\n\n**Insurance requirements**\n- Mandates professional indemnity insurance with minimum cover of $1 million per claim\n- Sets higher limits for body corporates (up to $20 million yearly cap)\n- Permits exclusions for cladding-related claims and unoccupied buildings after 10 years\n\n**Conflicts of interest**\n- Prohibits certifiers from approving their own design work\n- Contains exceptions for council-employed certifiers and minor swimming pool work\n\n**Record keeping**\n- Requires certifiers to keep detailed project records for 10 years\n- Mandates specific information sharing with the Secretary about building projects\n\n**Contracts and fees**\n- Prescribes what must be in certification contracts\n- Establishes a fee unit system (currently ~$122) that adjusts for inflation\n\n**Accreditation authorities**\n- Sets standards for bodies that accredit certifiers\n- Requires public registers, complaint handling, and transition strategies\n\n**Code of conduct**\n- Imposes duties to act in the public interest, avoid conflicts, maintain competence, and document decisions"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/building-and-development-certifiers-regulation-2020","history":"/api/acts/building-and-development-certifiers-regulation-2020/history","analysis":"/api/acts/building-and-development-certifiers-regulation-2020/analysis","conflicts":"/api/acts/building-and-development-certifiers-regulation-2020/conflicts","importantCases":"/api/acts/building-and-development-certifiers-regulation-2020/important-cases","documents":"/api/acts/building-and-development-certifiers-regulation-2020/documents"}}