BUILDING ACT 2004 - SECT 139D Conflict of interest—building assessors

BUILDING ACT 2004 - SECT 139D

    (1)     A building assessor must not prepare an energy efficiency certificate for building work, in relation to a building, if the building assessor—

        (a)     has a legal or equitable interest in the building; or

        (b)     has a financial interest in the building; or

        (c)     is the certifier for the building work.

    (2)     However, a building assessor who has a conflict of interest mentioned in subsection (1) (a) or (b) may prepare an energy efficiency certificate if—

        (a)     the certificate is for—

              (i)     proposed building work; or

              (ii)     building work in relation to a building or part of a building that must not be occupied under section 76 (Occupation and use of buildings); and

Example—part of building

              •     a unit in a multi-unit development

              •     an extension of an existing building

        (b)     the building assessor gives the registrar a declaration of the assessor's conflict of interest.

Note     If a form is approved under s 128 for the declaration, the form must be used.