Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021

A certifier must not issue a construction certificate for building work unless—

the relevant building work plans and specifications include the matters required by a relevant BASIX certificate, if any, and

the design and construction of the building, as described in the relevant building work plans and specifications and in other information given to the certifier under section 12, is consistent with the development consent, and

the building will comply with the relevant requirements of the Building Code of Australia as in force on the relevant date.

for a corporation—300 penalty units, or

for an individual—150 penalty units.

The relevant date is—

the day on which the application for the construction certificate was made, or

if the building is a multi storey building and a construction certificate has been issued under the same development consent for building work involving the entrance floor—the day on which the application for that construction certificate was made.

Subsection (1)(c) does not apply—

to a temporary building, or

to the extent of an exemption under section 74(4), 111(4) or 117(1).

A certifier must not refuse to issue a construction certificate because a building product or system relating to the development does not comply with a requirement of the Building Code of Australia if—

a certificate of conformity issued in accordance with the CodeMark scheme is in force in relation to the building product or system, and

use of the building product or system is not prohibited under the Building Products (Safety) Act 2017.

The following persons do not incur liability as a consequence of acting in accordance with subsection (3)—

a certifier,

an employee of a certifier, if the certifier is a consent authority.

In this section—