Environmental Planning and Assessment Regulation 2000
Historical version for 27 March 2009 to 30 April 2009 (accessed 5 August 2020 at 15:57) Current version
Part 6 Division 8A
Division 8A Prescribed conditions of development consent
98   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(cf clauses 78 and 78A of EP&A Regulation 1994)
(1)  For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
(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 is in force before any building work authorised to be carried out by the consent commences.
(2)  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.
(3)  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 construction certificate is made.
98A   Erection of signs
(1)  For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2)  A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a)  showing the name, address and telephone number of the principal certifying authority for the work, and
(b)  showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c)  stating that unauthorised entry to the work site is prohibited.
(3)  Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4)  This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5)  This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.
(6)  This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note.
 Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).
98B   Notification of Home Building Act 1989 requirements
(1)  For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.
(2)  Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:
(a)  in the case of work for which a principal contractor is required to be appointed:
(i)  the name and licence number of the principal contractor, and
(ii)  the name of the insurer by which the work is insured under Part 6 of that Act,
(b)  in the case of work to be done by an owner-builder:
(i)  the name of the owner-builder, and
(ii)  if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
(3)  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
(4)  This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.
98C   Conditions applying to use of buildings as places of public entertainment
(1)  For the purposes of section 80A (11) of the Act, the requirements of subclauses (2), (4) and (5) and Schedule 3A are prescribed as conditions of development consent (including a development consent granted and in force before the commencement of this clause) for development involving the use of a building as a place of public entertainment.
(2)  If the building is a temporary structure, Part B1 and NSW Part H102 of Volume One of the Building Code of Australia (as in force on the date on which the relevant development application is made) must be complied with.
Note.
 Under clause 98, the erection of a building that is not a temporary structure, including a building that is proposed to be used as a place of public entertainment, must comply with the requirements of the Building Code of Australia.
(3)  Subclause (2) does not apply to the extent to which an exemption is in force under clause 187, subject to the terms of any condition or requirement referred to in clause 187 (6).
(4)  If the building is a temporary structure comprising a tent or marquee, a sign must be displayed in a prominent position in the tent or marquee that specifies the following:
(a)  the maximum number of persons, as specified in the development consent, that are permitted in the tent or marquee,
(b)  the name, address and telephone number of the council of the area in which the tent or marquee is located.
(5)  If the building is not a temporary structure, a sign must be displayed in a prominent position in the building that specifies the following:
(a)  the maximum number of persons, as specified in the development consent, that are permitted in any part of the building used as a place of public entertainment,
(b)  the name, address and telephone number of the council of the area in which the building is located,
(c)  the name and business telephone number of an owner or manager of the part of the building used as a place of public entertainment.
98D   Condition applying to use of land as drive-in theatre
(1)  For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent for development involving the use of a land as a drive-in theatre that NSW Part H103 of Volume One of the Building Code of Australia (as in force on the date on which the relevant development application is made) must be complied with.
(2)  Subclause (1) does not apply to the extent to which an exemption is in force under clause 187, subject to the terms of any condition or requirement referred to in clause 187 (6).
98E   Condition relating to shoring and adequacy of adjoining property
(1)  For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a)  protect and support the adjoining premises from possible damage from the excavation, and
(b)  where necessary, underpin the adjoining premises to prevent any such damage.
(2)  The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.