40Consideration of performance solution report

#### 40 Consideration of performance solution report 40 Consideration of performance solution report > > (1) This section applies to the issue of an occupation certificate for a building if building work that involves a performance solution was carried out. > > > (2) A certifier must not issue an occupation certificate unless— > > > > > (a) the certifier is satisfied the building work was carried out in accordance with the performance solution report that accompanied the construction certificate or complying development certificate, and > > > > > (b) if the performance solution report was required to be prepared by a recognised person— > > > > > > > (i) the certifier has obtained a compliance certificate or written report, prepared by a recognised person, and > > > > > > > (ii) the certificate or report contains a statement that the building work the performance solution report relates to— > > > > > > > > > (A) has been completed, and > > > > > > > > > (B) is consistent with the performance solution. > > > > Maximum penalty (subsection (2))— > > > > > (a) for a corporation—300 penalty units, or > > > > > (b) for an individual—150 penalty units. > > **s 40:** Am 2022 (40), Sch 2\[2\]; 2022 (788), Sch 1\[11\].