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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 15 November 2019 to date (accessed 20 November 2019 at 12:16)
Part 15 Division 2 Clause 260
260   Fee for building certificate
(cf clause 107 of EP&A Regulation 1994)
(1)  For the purposes of section 6.23(2) of the Act, the fee for an application for a building certificate in relation to a building is—
(a)  in the case of a class 1 building (together with any class 10 buildings on the site) or a class 10 building, $250 for each dwelling contained in the building or in any other building on the allotment, or
(b)  in the case of any other class of building, as set out in the Table to this clause, or
(c)  in any case where the application relates to a part of a building and that part consists of an external wall only or does not otherwise have a floor area, $250.
(2)  If it is reasonably necessary to carry out more than one inspection of the building before issuing a building certificate, the council may require the payment of an additional fee (not exceeding $90) for the issue of the certificate.
(3)  However, the council may not charge an additional fee for any initial inspection.
(3A)  An additional fee determined in accordance with subclause (3B) may be charged for an application for a building certificate in relation to a building where the applicant for the certificate, or the person on whose behalf the application is made, is the person who erected the building or on whose behalf the building was erected and any of the following circumstances apply—
(a)  where a development consent, complying development certificate or construction certificate was required for the erection of the building and no such consent or certificate was obtained,
(b)  where a penalty notice has been issued for an offence under section 4.2(1) of the Act in relation to the erection of the building and the person to whom it was issued has paid the penalty required by the penalty notice in respect of the alleged offence (or if the person has not paid the penalty and has not elected to have the matter dealt with by a court, enforcement action has been taken against the person under Division 4 of Part 4 of the Fines Act 1996),
(c)  where order No 2, 3, 10, 11 or 14 in Part 1 of Schedule 5 to the Act has been given in relation to the building unless the order has been revoked on appeal,
(d)  where a person has been found guilty of an offence under the Act in relation to the erection of the building,
(e)  where the court has made a finding that the building was erected in contravention of a provision of the Act.
(3B)  The additional fee payable under subclause (3A) is the total of the following amounts—
(a)  the amount of the maximum fee that would be payable if the application were an application for development consent, or a complying development certificate (if appropriate), authorising the erection or alteration of any part of the building to which the application relates that has been erected or altered in contravention of the Act in the period of 24 months immediately preceding the date of the application,
(b)  the amount of the maximum fee that would be payable if the application were an application to the council for a construction certificate relating to the erection or alteration of any part of the building to which the application relates that has been erected or altered in contravention of the Act in the period of 24 months immediately preceding the date of the application.
(3C)  If an application for a building certificate is made in relation to part only of a building, a reference in subclause (3A) to a building is taken to be a reference to the part of a building that is the subject of the application.
(4)  In this clause, a reference to a class 1 building includes a reference to a class 2 building that comprises 2 dwellings only.
Table
Floor area of building or part
Fee
Not exceeding 200 square metres
$250
Exceeding 200 square metres but not exceeding 2,000 square metres
$250, plus an additional $0.50 per square metre over 200
Exceeding 2,000 square metres
$1,165, plus an additional $0.075 per square metre over 2,000