58Strata certificate for strata plans and subdivision of development lots

#### 58 Strata certificate for strata plans and subdivision of development lots 58 Strata certificate for strata plans and subdivision of development lots > > (1) A registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed strata plan that does not include a development lot, issue a strata certificate for the plan if— > > > > > (a) a relevant planning approval is in force in relation to the plan, and > > > > > (b) all conditions of the planning approval that are required to be complied with before a strata certificate may be issued have been complied with, and > > > > > (c) if the land proposed to be subdivided is within a water supply authority’s area of operations—the water supply authority has issued a certificate of compliance for the proposed subdivision, and > > > > > (d) the following requirements of subparagraphs (i)–(iii) or the following requirements of subparagraphs (iv)–(vii) are satisfied— > > > > > > > (i) a construction certificate has been issued under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) in relation to the erection of each building containing a proposed lot to which the plan relates, > > > > > > > (ii) each proposed lot in the plan substantially corresponds with a part of any such building shown in the building plans accompanying the construction certificate and is designated in the building plans as being intended for separate occupation, > > > > > > > (iii) each building referred to in subparagraph (i) was completed not more than 12 months, or a longer period fixed by the relevant local council in any particular case, before the application for the strata certificate was made, > > > > > > > (iv) separate occupation of the proposed lots in the plan will not contravene the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or an environmental planning instrument, > > > > > > > (v) any consent required under that Act or instrument has been given in relation to the separate occupation of the proposed lots, > > > > > > > (vi) the land proposed to be subdivided is not the subject of an outstanding order, requirement or notice, > > > > > > > (vii) if an order of the kind referred to in item 6 of the table to section 121B of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) is in force in relation to the land proposed to be subdivided—the order has been complied with. > > > (2) A registered certifier must, on application made to the certifier for a strata certificate in relation to a proposed strata plan that includes a development lot or a proposed strata plan of subdivision of a development lot, issue a strata certificate for the plan if— > > > > > (a) the requirements of subsection (1) (a)–(d) are satisfied, and > > > > > (b) the plan and each building containing a proposed lot to which the plan relates— > > > > > > > (i) satisfy the applicable planning approval conditions, and > > > > > > > (ii) give effect to the stage of the strata development contract to which the plan and building relate. > > **ss 58–60:** Am 2018 No 63, Sch 3.13\[3\].