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02 October, 2018

Trades & businesses

Improving building certifier independence

The NSW Government is progressing reforms to strengthen and simplify the building and certification system in NSW.

The Government proposes to replace the Building Professionals Act 2005, which regulates accredited certifiers, with the Building and Development Certifiers Bill 2018 (the Bill).

The Bill delivers on the Government’s commitment to overhaul certifier regulation in its response to the statutory review of the BP Act by:

  • clarifying certifiers’ roles and responsibilities
  • improving the independence of certifiers
  • tightening licensee probity requirements
  • improving complaint handling and disciplinary procedures for certifiers
  • other reforms to streamline, modernise and update the structure and administration of the Act.

The Bill also amends the Environmental Planning and Assessment Act 1979 to introduce the ability to prescribe an alternative appointment process for principal certifying authorities to support certifier independence.

The Government is seeking feedback on whether an alternative appointment process should be introduced for certain types of developments and, if so, which process would most effective at managing conflicts of interest.

An Options Paper entitled ‘Improving Certifier Independence’ outlines three proposed options and is released to the public for comment.

Public consultation on the Options Paper is open until 5pm, 30 October 2018.

Public consultation on the proposed Building and Development Certifiers Bill 2018 closed on 4 September 2018.

Visit the Building Professionals Board website for a copy of the Options Paper and further information.

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