NSWIn ForceRegulation
Building and Development Certifiers Regulation 2020
9Prescribed conditions of registration
Start here
Get a plain-English read of 9
Turn the raw legal text into a practical explanation grounded in Building and Development Certifiers Regulation 2020.
#### 9 Prescribed conditions of registration
9 Prescribed conditions of registration
> > (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.
>
> > (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.
>
> > (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—
> >
> > > (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
> >
> > > (b) the registered director undertakes the course within the time (if any) required by the Secretary.
>
> > (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—
> >
> > > (a) building surveyor—unrestricted,
> >
> > > (b) building surveyor—restricted (all classes of building),
> >
> > > (c) building surveyor—restricted (class 1 and 10 buildings).
>
> > (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—
> >
> > > (a) Volume 1, and
> >
> > > (b) from the beginning of 1 March 2023—Volume 2.
>
> > (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—
> >
> > > (a) for a building surveyor—unrestricted or building surveyor—restricted (all classes of building) class of registration—
> > >
> > > > (i) Volume 1, and
> > >
> > > > (ii) from the beginning of 1 March 2023—Volume 2, or
> >
> > > (b) for a building inspector or building surveyor—restricted (class 1 and 10 buildings) class of registration—
> > >
> > > > (i) Chapters 1 and 2 of Volume 1, and
> > >
> > > > (ii) from the beginning of 1 March 2023—Volume 2, or
> >
> > > (c) for a class of registration not specified in paragraph (a) or (b)—
> > >
> > > > (i) Chapters 1 and 2 of Volume 1, and
> > >
> > > > (ii) from the beginning of 1 March 2023—Chapters 1 and 2 of Volume 2.
>
> > (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.
>
> > (5) In this clause—
> >
> > 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.
> >
> > 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.
>
> **cl 9:** Am 2020 (300), Sch 1\[1\]; 2020 (732), Sch 1\[1\]; 2022 (781), Sch 1\[2\] \[3\].