57Restriction on issue of strata certificate

57 Restriction on issue of strata certificate

57 Restriction on issue of strata certificate

(1) A local council must not issue a strata certificate unless—

(a) it complies with the regulations relating to the issue of strata certificates by a local council, and

(b) it is satisfied that any inspections prescribed by the regulations have been carried out.

(2) Also, a local council must not issue a strata certificate in relation to a proposed strata plan, strata plan of subdivision or notice of conversion for which a relevant planning approval is not in force or is not required unless it has considered—

(a) whether the following will be appropriate to the proposed use of the building the subject of the plan or notice—

(i) the structural strength and load-bearing capacity of the building,

(ii) the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire,

(iii) the measures to restrict the spread of fire from the building to other buildings nearby, and

(b) whether the building complies, or will comply when completed, with the Category 1 fire safety provisions applicable to the building’s proposed use.

(3) This section applies despite any other provision of this Division.

(4) In subsection (2), Category 1 fire safety provisions means the provisions prescribed by the regulations.