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law updates > accredited certifiers &

quality plans


The Environmental Planning & Assessment Regulations fro the quality of plans and specifications accepted by certifers as part of an application for a Complying Development Certificate (CDC) or an application under Part 4A of the Environmental Planning & Assessment Act

Frequently, plans for Class 1 and 10 buildings are drawn by hand and submitted in that form.  In such cases, an accredited certifier should not make any attempt to make alterations or additions to the hand drawn plans.  Advice may be provided to the applicant explaining what is required and how best to present such a set of plans which could lead to the CDC being issued.

Such a procedure is not available to an accredited certifier for Class 2-9 buildings.  This is reinforced by the provisions of the Building Professionals Act 2005 and the Building Professionals Regulations 2007.  In particular, Sections 66 and 67 of the BP Act and Clauses 17 and 18 of the BP Regulations, prevent a certifier from assisting in the preparation of any aspect of hte development for Class 2-9 buildings and then proceed to issue a CDC or approval under Part 4A of the EPA Act, for that particular aspect of the development. 

It is important to note a certifier cannot mark plans or specifications for Class 2-9 buildings, other than endorse the document as part of the application for a CDC. 

An endordement would usually include a stamp with the certifier's name, signature, date of determination and certificate number, together with a statement that the plans comply with the requirements for complying development, or for the issue of a Complying Certificate.  

Should a certifier make alterations and additions, suggestions, or in any other way affect plans or drawings, there is then an argument to be made that teh certifier has a conflict of interest in the subject development,  This could give rise to a complaint being made about the certifier and disciplinary action taken by the Building Professional Board, pursuant to the Building Professionals Act 2005.

 

 
 
 
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