New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 149E

149E Effect of building certificate

(1) A building certificate operates to prevent the council:

(a) from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and

(b) from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,

in relation to matters existing or occurring before the date of issue of the certificate.

(2) A building certificate operates to prevent the council, for a period of 7 years from the date of issue of the certificate:

(a) from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and

(b) from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,

in relation to matters arising only from the deterioration of the building as a result solely of fair wear and tear.

(3) However, a building certificate does not operate to prevent a council:

(a) from making order No 6 in the Table to section 121B, or

(b) from taking proceedings against any person under section 125 with respect to that person’s failure:

(i) to obtain a development consent with respect to the erection or use of the building, or

(ii) to comply with the conditions of a development consent.

(4) An order or proceeding that is made or taken in contravention of this section is of no effect.