Environmental Planning and Assessment Regulation 2000
Historical version for 21 February 2003 to 24 June 2003 (accessed 8 August 2020 at 22:18) Current version
Part 7 Division 2
Division 2 Determination of applications and commencement of complying development
130   Procedure for determining application for complying development certificate
(cf clause 77 of EP&A Regulation 1994)
(1)  A certifying authority must not issue a complying development certificate for building work unless it is satisfied that the proposed building (not being a temporary building) will comply with the relevant requirements of the Building Code of Australia (as in force at the time the application for the certificate was made).
(2)  In the case of complying development that is required to comply with the deemed-to-satisfy provisions of Volume One, or Section 3 of Volume Two, of the Building Code of Australia, a complying development certificate cannot authorise compliance with an alternative solution to the performance requirements corresponding to those deemed-to-satisfy provisions.
(3)  Evidence of the issue of a complying development certificate must be endorsed by the council or the accredited certifier on any plans, specifications and any other documents that were lodged with the application for the certificate or submitted to the accredited certifier in accordance with clause 126.
(4)  For the purposes of section 85A (11) (b) of the Act, the accredited certifier must cause notice of his or her determination of an application for a complying development certificate to be given to the council by forwarding to it, within 7 days after the date of the determination, copies of:
(a)  the determination, together with the application to which it relates, and
(b)  any endorsed plans, specifications or other documents that were lodged with the application or submitted to the accredited certifier in accordance with clause 127, and
(c)  any complying development certificate issued as a result of the determination, together with any associated fire safety schedule or fire link conversion schedule.
131   Development standards for building work associated with a change of building use
(1)  This clause applies to development for which a complying development certificate is sought comprising a change of building use of an existing building.
(2)  The development standards applicable to such development include the following requirements:
(a)  that, on completion of any building work, the fire protection and structural capacity of the building will be appropriate to the proposed new use, and
(b)  that, whether or not any building work is carried out, the building will comply with such of the Category 1 fire safety provisions as are applicable to the proposed new use,
assuming that any building work is carried out in accordance with the plans and specifications to which the complying development certificate relates and any conditions to which the complying development certificate is subject.
132   Development standards for building work involving the alteration, enlargement or extension of an existing building
(1)  This clause applies to development for which a complying development certificate is sought comprising building work that involves the alteration, enlargement or extension of an existing building in circumstances in which no change of building use is proposed.
(2)  The development standards applicable to such development include the requirement that, on completion of the building work, the fire protection and structural capacity of the building will not be reduced.
(3)  That requirement assumes that the building work is carried out in accordance with the plans and specifications to which the complying development certificate relates and any conditions to which the complying development certificate is subject.
133   Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989
(cf clauses 78 and 78A of EP&A Regulation 1994)
(1)  A complying development certificate for development that involves any building work must be issued subject to the following conditions:
(a)  that the work must be carried out in accordance with the requirements of the Building Code of Australia,
(b)  in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance must be entered into.
(2)  This clause does not limit any other conditions to which a complying development certificate may be subject, as referred to in section 85A (6) (a) of the Act.
(3)  This clause does not apply:
(a)  to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or
(b)  to the erection of a temporary building.
(4)  In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant complying development certificate is made.
134   Form of complying development certificate
(1)  A complying development certificate must contain the following information:
(a)  the identity of the certifying authority by which it is granted,
(b)  if the certifying authority is an accredited certifier:
(i)  his or her accreditation number, and
(ii)  the name of the accreditation body by which he or she is accredited,
(c)  the date of the certificate,
(d)  the date on which the certificate lapses,
(e)  a statement to the effect that the development is complying development and (if carried out as specified in the certificate) will comply with all development standards applicable to the development and with such other requirements prescribed by this regulation concerning the issue of the certificate,
(f)  if the development involves the erection of a building, the class of the building under the Building Code of Australia,
(g)  any conditions imposed on the development under this Regulation.
(2)  A complying development certificate for the erection of a building must be accompanied by a fire safety schedule for the building.
(3)  Subclause (2) does not apply to:
(a)  a class 1a or class 10 building within the meaning of clause 167, or
(b)  a complying development certificate that relates only to fire link conversion.
Note.
 The documents that must be issued with and accompany a complying development certificate that relates only to fire link conversion are set out in clause 168A.
135   Notice under section 86 of the Act of appointment of principal certifying authority
(cf clause 77A of EP&A Regulation 1994)
A notice given under or for the purposes of section 86 (1) (a) (ii) or (2) (a) (ii) of the Act must contain the following information:
(a)  the name and address of the person by whom the notice is being given,
(b)  a description of the work to be carried out,
(c)  the address of the land on which the work is to be carried out,
(d)  the registered number and date of issue of the relevant complying development certificate,
(e)  the name and address of the principal certifying authority,
(f)  if the principal certifying authority is an accredited certifier:
(i)  his or her accreditation number, and
(ii)  the name of the accreditation body by which he or she is accredited, and
(iii)  a statement signed by the accredited certifier to the effect that he or she consents to being appointed as principal certifying authority,
and, if the consent authority so requires, must be in the form approved by that authority.
136   Notice under section 86 of the Act of intention to commence subdivision work or erection of building
(cf clause 77A of EP&A Regulation 1994)
A notice given under or for the purposes of section 86 (1) (b) or (2) (b) of the Act must contain the following information:
(a)  the name and address of the person by whom the notice is being given,
(b)  a description of the work to be carried out,
(c)  the address of the land on which the work is to be carried out,
(d)  the registered number and date of issue of the relevant complying development certificate,
(e)  the date on which the work is intended to commence,
and, if the consent authority so requires, must be in the form approved by that authority.