69Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

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

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

(1) It is a condition of a development consent for development that involves building work that the work must be carried out in accordance with the requirements of the Building Code of Australia.

(2) It is a condition of a development consent for development that involves residential building work for which a contract of insurance is required under the Home Building Act 1989, Part 6 that a contract of insurance is in force before building work authorised to be carried out by the consent commences.

(3) It is a condition of a development consent for a temporary structure used as an entertainment venue that the temporary structure must comply with the Building Code of Australia, Volume 1, Part B1 and NSW Part I5.

(4) In subsection (1), a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the relevant date.

(5) In subsection (3), a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the day on which the application for development consent was made.

(6) 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 (3) applies.

(7) In this section—

relevant date has the same meaning as in the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, section 19.

s 69: Am 2023 (30), Sch 2[1] [2]; 2023 (71), Sch 1.3[2].