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](/view/html/inforce/current/epi-2022-0521), 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 > > > > > (b) an application for modification of a development consent, complying development certificate or construction certificate. > > > > sustainability of development means the extent to which the development— > > > > > (a) reduces the consumption of mains-supplied potable water and greenhouse gas emissions related to the use of— > > > > > > > (i) the development, or > > > > > > > (ii) the land on which the development is located, and > > > > > (b) improves the thermal performance of the development, and > > > > > (c) quantifies and reports on the embodied emissions attributable to the development. > > **s 71:** Am 2022 (520), Sch 1\[4\]\[5\]; 2025 (587), Sch 1.