146Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

146 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

146 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

(1) A complying development certificate for development that involves building work must be issued subject to the following conditions—

(a) the work must be carried out in accordance with the requirements of the Building Code of Australia,

(b) for residential building work that requires a contract of insurance under the Home Building Act 1989—a contract of insurance must be in force before the building work authorised to be carried out by the certificate commences.

(2) A complying development certificate for a temporary structure that is used as an entertainment venue must be issued subject to a condition that the temporary structure must comply with the Building Code of Australia, Volume 1, Part B1 and NSW Part I5.

(3) This section does not limit the other conditions to which a complying development certificate may be subject.

(4) This section does not apply—

(a) to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, or

(b) to the erection of a temporary building, other than a temporary structure to which subsection (2) applies.

(5) In this section, a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the date on which the application for the relevant complying development certificate is made.

s 146: Am 2023 (71), Sch 1.3[2].