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].