New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 86

86 Commencement of complying development

(1) Erection of buildings The erection of a building in accordance with a complying development certificate must not be commenced until:

(a) the person having the benefit of the complying development certificate has:

(i) appointed a principal certifying authority for the building work, and

(ii) notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and

(a1) the principal certifying authority has, no later than 2 days before the building work commences:

(i) notified the council of his or her appointment, and

(ii) notified the person having the benefit of the complying development certificate of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(a2) the person having the benefit of the complying development certificate, if not carrying out the work as an owner-builder, has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and

(ii) notified the principal certifying authority of any such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(b) the person having the benefit of the complying development certificate has given at least 2 days’ notice to the council, and the principal certifying authority if that is not the council, of the person’s intention to commence the erection of the building.

(2) Subdivision of land Subdivision work in accordance with a complying development certificate must not be commenced until:

(a) the person having the benefit of the complying development certificate has appointed a principal certifying authority for the subdivision work, and

(a1) the principal certifying authority has, no later than 2 days before the subdivision work commences, notified the council of his or her appointment, and

(b) the person having the benefit of the complying development certificate has given at least 2 days’ notice to the council, and the principal certifying authority if that is not the council, of the person’s intention to commence the subdivision work.

(3) Crown development Subsections (1) and (2) do not apply in relation to development carried out by the Crown.

(4) Penalty for contravention of subsection (1) or (2) The maximum penalty that may be imposed for a contravention of subsection (1) or (2) is 300 penalty units.