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Changes to NSW government legislation
The NSW government amended the Building Professionals Act in 2016 and Building Professionals Regulation in 2017 to facilitate the collection of data about certification work, building work and related matters. The changes were authorised by the Secretary of the Department of Finance, Services and Innovation to collect this information for the purpose of improving the way the certification industry performs and better managing the way it is regulated.
On 22 June 2018 the Building Professionals (Provision of Information) Order 2018 (the Order) was made in pursuance of clause 20G of the Building Professionals Regulation 2007.
The stated object of the Order is to specify the information about certification work, building work and related matters that A1, A2 and A3 accreditation holders, accredited bodies corporate and councils must provide to the BPB.
Any building work where a PCA is required to be appointed, regardless of whether a council or a private certifier is appointed as the PCA.
Data reporting is mandatory as of 1 July 2018. The BPB has advised that to enforce compliance, it will focus on education in the first six months to help councils and certifiers meet the requirements.
The trigger to report on a particular project is two days before building work commences, which aligns with the PCA’s notification duties under the Environmental Planning and Assessment Act.
The PCA has responsibility to report data. This includes councils, category A1, A2 and A3 certifiers and accredited bodies corporate.
Certifiers in categories A4, B1, C1-C16, D1 and E1 are not required to report data, but their existing, legislated recordkeeping requirements still apply.
Data is submitted throughout the development process from commencement of building work through to the issue of the final occupation certificate. It includes details of the development, parties involved, critical stage inspections, certificates and notices.
More information can found on the Building Professionals Boards website.
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