25Circumstances in which a conflict does not arise

#### 25 Circumstances in which a conflict does not arise 25 Circumstances in which a conflict does not arise > > (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). > > > (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. > > > (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— > > > > > (a) the work— > > > > > > > (i) is carried out for the purposes of the issuing of the certificate of compliance, and > > > > > > > (ii) is carried out as expeditiously as possible after the inspection, and > > > > > > > (iii) has a total cost (including any materials and labour) of less than $1,000, and > > > > > (b) the registered certifier— > > > > > > > (i) holds a supervisor certificate or endorsed contractor licence under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), and > > > > > > > (ii) is authorised under that certificate or licence to build a swimming pool or carry out structural landscaping. > > > (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. > > > (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. > > > (6) The registered certifier doing any of the following in relation to the issue of a relevant certificate— > > > > > (a) identifying the matters to be satisfied before a relevant certificate can be issued in relation to an aspect of development, > > > > > (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, > > > > > (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, > > > > > (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. > > > (7) The registered certifier doing any of the following in relation to the issue of a strata certificate— > > > > > (a) providing advice on whether plans and specifications for an aspect of development comply with applicable legislative requirements, > > > > > (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, > > > > > (c) identifying the matters to be satisfied before a strata certificate can be issued in relation to the aspect of the development. > > > (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. > > > (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.