6Building work for which levy may be imposed

6 Building work for which levy may be imposed

6 Building work for which levy may be imposed

(1) The Secretary may impose a levy on a developer only at the rate of levy prescribed by this Part in relation to the building work.

(2) The Secretary may not impose a building work levy in relation to the following—

(a) building work for which a registered building practitioner is not required to provide a building compliance declaration,

(b) building work that results in, or is in relation to, a building with fewer than 5 residential premises,

(c) building work carried out by or on behalf of the New South Wales Land and Housing Corporation,

(d) building work for the purposes of repairing, rectifying or replacing the external cladding of a building,

(e) building work in relation to which no rate of levy is prescribed by this Part.

(3) If building work will result in additional storeys to an existing building and involves the repair, renovation or protective treatment of the building or part of the building, the Secretary may impose a levy only at the greater of the rates prescribed by clauses 7 and 8.

(4) In this clause—

building compliance declaration has the same meaning as in the Design and Building Practitioners Act 2020.

New South Wales Land and Housing Corporation means the New South Wales Land and Housing Corporation constituted by the Housing Act 2001.

registered building practitioner has the same meaning as in the Design and Building Practitioners Act 2020.

residential premises has the same meaning as in the Residential Tenancies Act 2010.

cl 6: Ins 2022 (293), Sch 1[4].