NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
146Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989
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#### 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](/view/html/inforce/current/act-1989-147)
> > (1) A complying development certificate for development that involves building work must be issued subject to the following conditions—
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> > > (a) the work must be carried out in accordance with the requirements of the Building Code of Australia,
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> > > (b) for residential building work that requires a contract of insurance under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)—a contract of insurance must be in force before the building work authorised to be carried out by the certificate commences.
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> > (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.
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> > (3) This section does not limit the other conditions to which a complying development certificate may be subject.
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> > (4) This section does not apply—
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> > > (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](/view/html/inforce/current/sl-2021-0689), or
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> > > (b) to the erection of a temporary building, other than a temporary structure to which subsection (2) applies.
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> > (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.
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> **s 146:** Am 2023 (71), Sch 1.3\[2\].