137Compliance with Building Code of Australia

#### 137 Compliance with Building Code of Australia 137 Compliance with Building Code of Australia > > (1) A certifier must not issue a complying development certificate for building work unless the building, not including a temporary building, will comply with the relevant requirements of the Building Code of Australia, as in force at the time the application for the certificate was made. > > > (2) A complying development certificate for complying development that is required to comply with the deemed-to-satisfy provisions in the Building Code of Australia, Volume 1 or 2 must not authorise compliance with a performance solution to the performance requirements corresponding to the deemed-to-satisfy provisions. > > > (3) A certifier must not issue a complying development certificate for building work that involves a performance solution under the Building Code of Australia unless the certifier— > > > > > (a) has obtained or been given a performance solution report, and > > > > > (b) is satisfied that— > > > > > > > (i) the report was prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4), and > > > > > > > (ii) the building work plans and specifications show and describe the physical elements of the performance solution, if possible. > > > (3A) A certifier must not issue a complying development certificate for development comprising internal alterations or a change of use to an existing building subject to a performance solution for a fire safety requirement under the Building Code of Australia unless the certifier has obtained or been given a compliance report for the development. > > > (4) A certifier must not issue a complying development certificate unless the certifier has endorsed the building work plans and specifications and other documents that accompanied the application for the certificate or were submitted to the certifier under Division 1 with evidence of the issue of the certificate. > > > > Maximum penalty— > > > > > (a) 300 penalty units for a corporation, or > > > > > (b) 150 penalty units for an individual. > > > (5) A performance solution report relating to a fire safety requirement must be prepared by or on behalf of— > > > > > (a) for a prescribed report—a person who is both an accredited practitioner (fire safety) and a fire safety engineer, or > > > > > (b) otherwise—a person who is an accredited practitioner (fire safety). > > > (6) In this section— > > > > compliance report, for development, means a report— > > > > > (a) prepared by a relevant registered certifier, other than the certifier issuing the complying development certificate for which the report is required, and > > > > > (b) confirming that the development is consistent with the performance solution report for the building involved in the development. > > > > fire safety engineer means a person registered under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063) whose registration authorises the person to exercise the functions of a fire safety engineer. > > > > prescribed report means a report about a performance solution for a requirement set out in the Building Code of Australia, Volume 1, E1P4, E2P1, E2P2, D1P4 or D1P5 for— > > > > > (a) a class 9a building that will have a total floor area of 2,000 square metres or more, or > > > > > (b) a building, other than a class 9a building, that will have a fire compartment, as defined in the Building Code of Australia, with a total floor area of more than 2,000 square metres, or > > > > > (c) a building, other than a class 9a building, that will have a total floor area of more than 6,000 square metres. > > > > relevant registered certifier means a registered certifier registered for the purpose of issuing complying development certificates for buildings of the kind to which the compliance report relates. > > **s 137:** Am 2022 (702), Sch 1\[13\]–\[16\]; 2022 (789), Sch 1\[3\]; 2023 (71), Sch 1.3\[3\] \[5\] \[6\]; 2023 No 7, Sch 2.26\[1\]; 2024 (631), Sch 1\[2\]; 2025 (17), Sch 2\[2\].