The NSW government has finalised the Building and Development Certifiers Regulation 2020. Published on the NSW legislation website, the regulation brings the Building and Development Certifiers Act 2018 into force.
As part of the overhaul of the building and construction industry, both the act and regulation are intended to simplify the certification system in NSW, allowing the government to more effectively regulate the conduct of certifiers.
According to the Society of Construction Law (SCL), “the purpose of the regulation is to set out the requirements for the registration of registered certifiers including classes, qualifications, experience and knowledge, to provide code of conduct standards, to establish contract requirements for certification work and to create a new accreditation framework. It also contains applicable fees and penalties.”
The regulation prescribes the minimum qualifications, skills and experience that are required in order for a certifier to be approved for registration. It also clarifies the roles and responsibilities of a registered certifier, which includes fulfilling continuing professional development requirements.
The regulation further sets the standard of conduct and professionalism for registered certifiers via a code of conduct. Failure to comply with the code carries a maximum penalty of $11,000 for an individual and $22,000 for a body corporate. There are currently 1,928 registered certifiers, the majority of which are individuals in private practice.
The act and regulation also serves to protect the interest of building owners by ensuring the various processes for assessment, inspection, approval and certification of buildings in NSW promote compliance with structural and fire safety requirements, among other things.
Published in the first week of March 2020, the regulation will come into effect on 1 July 2020.