NSWIn ForceRegulation
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
13Determination of application for construction certificate
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
#### 13 Determination of application for construction certificate
13 Determination of application for construction certificate
> > (1) A certifier must ensure the certifier’s determination of an application for a construction certificate contains the following information—
> >
> > > (a) the date on which the application was determined,
> >
> > > (b) whether the application is approved or refused,
> >
> > > (c) if the application is refused—
> > >
> > > > (i) the reasons for the refusal, and
> > >
> > > > (ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act,
> >
> > > (d) if the construction certificate is issued subject to a condition of the kind referred to in section 111 or 117—
> > >
> > > > (i) the reasons for the condition, and
> > >
> > > > (ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act against the condition.
>
> > (2) Within 2 days after determining the application, the certifier must use the NSW planning portal to—
> >
> > > (a) give the determination to the applicant, and
> >
> > > (b) give a copy of the following to the consent authority and council—
> > >
> > > > (i) the determination and the application to which it relates,
> > >
> > > > (ii) a construction certificate issued as a result of the determination,
> > >
> > > > (iii) the relevant building work plans and specifications,
> > >
> > > > (iv) any fire safety schedule attached to the construction certificate,
> > >
> > > > (v) other documents that were lodged with the application for the certificate, including a decision on an objection under section 111 or 117,
> > >
> > > > (vi) other documents given to the certifier under section 12,
> > >
> > > > (vii) the record of an inspection made under section 17 in relation to the issue of the construction certificate.
>
> > (3) A copy of a record of inspection referred to in subsection (2)(b)(vii) is not required to be given to a consent authority or council that carried out the inspection.
>
> > (4) In this Part, a reference to issuing a construction certificate includes a reference to endorsing the construction certificate on the relevant building work plans and specifications.
>
> Maximum penalty (subsections (1) and (2))—
>
> > (a) for a corporation—300 penalty units, or
>
> > (b) for an individual—150 penalty units.