New South Wales Consolidated Regulations

BUILDING AND DEVELOPMENT CERTIFIERS REGULATION 2020

- Made under the Building and Development Certifiers Act 2018
- As at 23 June 2023
- Reg 78 of 2020

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - REGISTRATION OF CERTIFIERS

   4.      Recognised training
   5.      Grounds for finding that a person is not a suitable person to carry out certification work
   6.      Time within which notice of decision must be provided
   7.      Variation of registration
   8.      Registered certifier to notify Secretary of certain events
   9.      Prescribed conditions of registration
   9A.     Prescribed grounds for suspension of registration
   10.     Replacement certificate of registration

   PART 3 - INSURANCE

           Division 1 - Preliminary

   11.     Definitions
   12.     Former accredited certifiers

           Division 2 - Professional indemnity policies

   13.     Professional indemnity policy required
   14.     Individual policies
   15.     Corporate policies
   16.     Partnership policies

           Division 3 - Limits, exceptions and exclusions

   17.     Matters occurring after expiry date for policy
   18.     Limit of indemnity as to compensation
   19.     Exclusion for claims made in relation to cladding
   20.     Buildings for which no occupation certificate issued
   21.     Other exceptions and exclusions

           Division 4 - Miscellaneous

   22.     Information about insurance policies
   23.     Existing policies

   PART 4 - CONFLICTS OF INTEREST

   24.     Prescribed conflicts
   25.     Circumstances in which a conflict does not arise

   PART 5 - CONTRACTS FOR CERTIFICATION WORK

   26.     Definition
   27.     Requirements relating to contracts for certification work
   28.     Particulars to be included in contract
   29.     Details of fees and charges
   30.     Must be signed, executed and contain declaration
   31.     Must be accompanied by information sheet

   PART 6 - ACCREDITATION AUTHORITIES

           Division 1 - Approvals

   32.     Accreditation authority approval guidelines
   33.     Additional ground for refusing approval
   34.     Suitability of person for approval
   35.     Deemed refusal of application for approval
   36.     Condition that evidence of insurance be provided to Secretary
   37.     Variation of approval of accreditation authority
   38.     Provision of information to the Secretary
   39.     Publication of information

           Division 2 - Accreditation scheme requirements

   40.     Matters that an accreditation scheme must provide for
   41.     Process for avoiding conflicts of interest
   42.     Accreditation
   43.     Record keeping
   44.     Code of conduct
   45.     Duties of accreditation authority
   46.     Public website
   47.     Transition strategy if accreditation authority no longer grants accreditation

           Division 3 - Miscellaneous

   48.     Body corporate no longer able to exercise accreditation authority functions

   PART 7 - RECORD KEEPING

           Division 1 - Registered certifiers

   49.     Records generally
   50.     Planning Act records
   51.     Strata Act records
   52.     Swimming Pools Act records
   53.     Former records
   54.     Records relating to registered bodies corporate

           Division 2 - Local councils

   55.     Records generally
   56.     Records of certifiers employed or engaged by council
   57.     Planning Act records
   58.     Swimming Pools Act records

           Division 3 - Accreditation authorities

   59.     Records generally
   60.     Accreditation records

   PART 8 - COUNCILS

   61.     Responsibilities of councils carrying out certain certification work
   62.     Notice to be given by council of certain matters
   63.     Exemptions for registered certifiers employed by councils from civil penalty

   PART 9 - MISCELLANEOUS

   64.     Certain registered certifiers may carry out certain regulated work
   65.     Regulated work may be carried out if no accredited person is available
   66.     Register of registrations and approvals
   67.     Secretary's power to waive, reduce, postpone or refund fees
   67A.    Partial refund of application fees for certain registrations or approvals
   68.     Savings and transitional--existing arrangements for exchange of information
   69.     Savings and transitional--existing exemption
   70.     Savings and transitional--exemption for certain existing conflicts of interest
   71.     Savings and transitional--exemption for certain existing conflicts of interest
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           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8