Accredited certifiers are public officials and must meet strict legislated standards for impartiality, professional practice, knowledge and experience.
The main legislative instruments governing the accreditation, role and responsibilities of accredited certifiers in NSW are the Building Professionals Act 2005 and the Building Professionals Regulation 2007.
Since 1 March 2007, the Building Professionals Board has administered this Act and Regulation, which enable the Board to accredit, regulate, investigate and take disciplinary action against certifiers. Read more about the role of the Board.
The following links go to the NSW legislation website - always visit this website for the current legislation as printed versions may be out of date.
- Building Professionals Act 2005
- Building Professionals Regulation 2007
- Environmental Planning and Assessment Act 1979
- Environmental Planning and Assessment Regulation 2000
Supporting documents on the Board's website:
Many legislative instruments, policies and building standards are important for certifiers, such as:
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and other State Environmental Planning Policies: see Department of Planning and Environment
- Building Code of Australia: see Australian Building Codes Board
- Australian Standards: see Standards Australia
- Disability (Access to Premises — Buildings) Standards 2010: see the Australian Attorney-General's Department, Australian Human Rights Commission or Department of Planning and Environment
- Home Building Act 1989 or its Regulation: see NSW Fair Trading
- Swimming Pools Act 1992 or its Regulation: see Office of Local Government.
Certifiers who are employed by a council are subject to the requirements of the Local Government Act 1993 for council employees. This Act contains, among other things, additional code of conduct provisions.
The Department of Planning and Environment publishes circulars related to legislation and policy. These are provided as guidance only, not as a substitute for professional legal advice.
The circulars help certifiers and councils by explaining how to meet the requirements of the legislation on a day-to-day basis. The circulars are also useful as benchmarks to assess current work practices.