71BASIX certificates

71 BASIX certificates

71 BASIX certificates

(1) The Planning Secretary may issue a certificate (a BASIX certificate) in relation to the sustainability of BASIX development and BASIX optional development.

(2) A BASIX certificate may be issued by an approved BASIX system.

(3) A BASIX certificate must contain the following—

(a) a description of the development that corresponds to the description contained in—

(i) the application, and

(ii) the documents required to accompany the application for a construction certificate for the development under this Regulation,

(b) a detailed list of the commitments by the applicant about the carrying out of the development, including commitments about measures, such as design and fit-out, to promote the sustainability of the development,

(c) a statement to the effect that the development will achieve the standards that apply to the development under State Environmental Planning Policy (Sustainable Buildings) 2022, Chapter 2 if the commitments are fulfilled.

(4) If the development involves the erection of a building for both residential and non-residential purposes, or the change of building use to both residential and non-residential purposes, the description referred to in subsection (3)(a) is required only in relation to the part of the development intended to be used for residential purposes.

(4A) A BASIX certificate that was issued on or after 28 March 2009 may be amended by—

(a) the Planning Secretary, or

(b) an approved BASIX system.

(4B) Despite subsection (3)(c), an amended BASIX certificate may contain a statement to the effect that the development will achieve the standards that applied to the development when the original BASIX certificate was issued if the commitments are fulfilled.

(5) In this section—

application means—

(a) a development application, application for a complying development certificate or application for a construction certificate, or