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Environmental Planning and Assessment Regulation 2021
136Form of complying development certificate
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#### 136 Form of complying development certificate
136 Form of complying development certificate
> > (1) A complying development certificate must contain the following—
> >
> > > (a) the name of the certifier that issued the certificate,
> >
> > > (b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,
> >
> > > (c) if the certifier is a registered certifier—
> > >
> > > > (i) the registration number of the certifier, and
> > >
> > > > (ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,
> >
> > > (d) the signature of the individual who issued the certificate,
> >
> > > (e) the date of the certificate,
> >
> > > (f) the day on which the certificate lapses,
> >
> > > (g) a statement that the development is complying development and, if carried out as specified in the certificate, will comply with—
> > >
> > > > (i) all the development standards applicable to the development, and
> > >
> > > > (ii) other requirements of this Regulation relating to the issue of the certificate,
> >
> > > (h) if the development involves the erection of a building—the class of the building under the Building Code of Australia,
> >
> > > (i) if a report is required under section 137(3) or (3A)—the following details of the report—
> > >
> > > > (i) the title of the report,
> > >
> > > > (ii) the date of the report,
> > >
> > > > (iii) the reference number and version number of the report,
> > >
> > > > (iv) the name of the person who prepared the report or on whose behalf the report was prepared,
> > >
> > > > (v) if the person referred to in subparagraph (iv) is an accredited practitioner (fire safety) and a registered certifier—the accredited practitioner’s registration number,
> > >
> > > > (vi) for a compliance report—a statement that a relevant registered certifier has confirmed the development is consistent with the performance solution report for the building,
> >
> > > (j) if any of the building work is exempt from compliance with the Building Code of Australia under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689)—the details of the exemption,
> >
> > > (k) the conditions imposed on the development under this Regulation.
>
> > (2) A complying development certificate must also contain—
> >
> > > (a) a detailed list of the particular plans, reports, studies or other documents relied on by the certifier to determine the application for the certificate, including information about how the documents can be accessed, and
> >
> > > (b) a copy of the relevant plans endorsed by the certifier.
>
> > (3) A complying development certificate for development that is complying development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) must also specify—
> >
> > > (a) the land use zone in which the land is located, and
> >
> > > (b) if the land is not zoned under an environmental planning instrument made as provided by the Act, section 3.20(2), the equivalent named land use zone for the land under that Policy, and
> >
> > > (c) if the development is carried out under a complying development code under that Policy—the name of the code.
>
> > (4) A complying development certificate for the erection of a building or a change of building use must be accompanied by the fire safety schedule for the building, if required under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).
>
> > (5) Subsection (4) does not apply to—
> >
> > > (a) the erection of a building that will be a class 1a or class 10 building when completed, or
> >
> > > (b) the erection of a temporary structure.
>
> > (6) A certifier must not issue a compliance certificate that does not comply with subsection (1), (2)(b) or (4).
> >
> > Maximum penalty (subsection (6))—
> >
> > > (a) for non-compliance with subsection (1) or (2)(b)—
> > >
> > > > (i) 300 penalty units for a corporation, or
> > >
> > > > (ii) 150 penalty units for an individual, and
> >
> > > (b) for non-compliance with subsection (4)—
> > >
> > > > (i) 600 penalty units for a corporation, or
> > >
> > > > (ii) 300 penalty units for an individual.
>
> **s 136:** Am 2022 (702), Sch 1\[11\] \[12\]; 2025 (17), Sch 2\[1\].