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

A person may be appointed to replace another person as the principal certifier for building work or subdivision work only if—

the Registration Secretary gives written approval and the relevant council and consent authority are notified before the replacement occurs, or

the current principal certifier, the proposed principal certifier and a person who is eligible to appoint a principal certifier for the work agree.

An application to the Registration Secretary for approval, and a notification to the council and consent authority, under subsection (1)(a) must be—

accompanied by the fee, if any, prescribed by the regulations under the Building and Development Certifiers Act 2018, and

in a form approved by the Registration Secretary.

A person appointed to replace another person as the principal certifier may exercise the functions of a principal certifier only if subsection (1) has been complied with.

If the Registration Secretary approves the appointment of the relevant council to replace another person as the principal certifier under subsection (1)(a), the council must accept the appointment.

A principal certifier appointed to replace another certifier under subsection (1)(b) must ensure that notice of the appointment is, within 2 days after the appointment, given to—

the consent authority, and

if the consent authority is not the council—the council.

A notice given under subsection (5) must—

contain the following information—

the information required under section 57(1),

the name of the current principal certifier who has been replaced,

a statement that the current principal certifier agreed to be replaced, and

be lodged on the NSW planning portal.

A person is not required to give a notice under subsection (5) to a person who has agreed to, or been notified of, the proposed appointment.

for a corporation—300 penalty units, or

for an individual—150 penalty units.