43Design requirements for residential apartment development

#### 43 Design requirements for residential apartment development 43 Design requirements for residential apartment development > > (1) This section applies to an occupation certificate for residential apartment development if the development application was required to be accompanied by a statement by a qualified designer under the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 29. > > > (2) A certifier must not issue an occupation certificate unless the certifier has received a design statement. > > > > Maximum penalty (subsection (2))— > > > > > (a) for a corporation—300 penalty units, or > > > > > (b) for an individual—150 penalty units. > > > (3) If the development application was also required to be accompanied by a BASIX certificate for a building, the design statement does not need to address the design principles for residential apartment development to the extent to which they aim— > > > > > (a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of— > > > > > > > (i) the building, or > > > > > > > (ii) the land on which the building is located, or > > > > > (b) to improve the thermal performance of the development, or > > > > > (c) to quantify and report on the embodied emissions attributable to the development. > > > (4) In this section— > > > > design statement means a statement by a qualified designer verifying that the development achieves the design quality shown in the plans and specifications for which the construction certificate was issued, having regard to the design principles for residential apartment development. > > **s 43:** Am 2022 (40), Sch 2\[1\]; 2022 (520), Sch 1\[3\]; 2023 (662), Sch 2\[1\].