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Conflict of interest exemptions

Under section 66(1)(d) of the Building Professionals Act 2005 (BP Act), certifiers are prevented from issuing a Part 4A or complying development certificate in relation to any aspect of a development if they are associated with the council of the area in which the development is to be carried out.

Section 69 of the BP Act states that an accredited certifier is associated with a council if the accredited certifier is related to a councillor or employee of the council and the certifier undertakes certification work in the council area.

Section 68 of the BP Act sets out when an accredited person is related to another person.

Section 71 of the BP Act provides for the Board to grant exemptions to an accredited certifier from all or any of the requirements of section 66(1)(d) in relation to a particular development or class of development.

Information on how to apply for an exemption is available here.