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

The Act, section 6.31 applies in relation to the carrying out of works otherwise than in compliance with a development consent, including approved plans and development consent conditions.

The Act, section 6.31 does not apply in relation to non-compliance identified during—

a critical stage inspection, or

an inspection under this section.

A notice containing a direction by a principal certifier under the Act, section 6.31 must—

be in the approved form, and

be issued within 2 business days after the certifier becomes aware of the non-compliance.

At the end of the period specified in a notice for compliance, the principal certifier must inspect the site to assess whether the direction has been complied with.

The principal certifier must—

make a record of the inspection, and

give a copy of the record to the person responsible for carrying out the part of the development to which the non-compliance relates.

The inspection record must include the following information—

the address of the site of the inspection,

the date of the inspection,

if the inspection was carried out by a council—

the name of the council, and

the name and signature of the individual who carried out the inspection,

if the inspection was carried out by a registered certifier—

the name and registration number of the registered certifier, and

if the registered certifier is a registered body corporate—the name and registration number of the individual who carried out the inspection,

details about whether the direction has been complied with.

For the purposes of the Act, section 6.31(2), the prescribed period is 2 days after the inspection is carried out.

A copy of a notice under the Act, section 6.31(2) that a direction has not been complied with must be given to the owner of the land, including an owners corporation, to which the direction relates.