Posted on August 17, 2018 by Katie Mortimer and Megan Hawley

ALERT: Further postponement of revised building and subdivision certificate provisions of the EPA Act

Today, the Department of Planning and Environment (DPE) announced that the commencement of Part 6 of the Environmental Planning and Assessment Act 1979 (EPA Act), that deals with building and subdivision certification, will be further postponed until 1 September 2019.

This means that construction certificates, occupation certificates and subdivision certificates will continue to be governed by the building and subdivision provisions of the former EPA Act, as it was in force before 1 March 2018 (being Part 4A, and sections 81A(2)-(6), 86 and 121ZP).

Previously, clause 18 of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (Savings Reg) had postponed the revised building and subdivision certificate provisions to 1 September 2018.

We expect that clause 18 will be amended to reflect DPE’s announcement.

DPE have stated that the further postponement will allow for the sector to adjust to the numerous regulatory changes, and the proposed Building and Development Certifiers Bill 2018.

Building Information Certificates in force 

The postponement does not apply to Division 6.7 of the EPA Act, that governs building information certificates, which commenced on 1 March 2018.

Read more information about the postponement on DPE’s web page here.

UPDATE: On 31 August 2018 the Environmental Planning and Assessment Further Amendment (Miscellaneous) Regulation 2018 amended clause 18 of the Savings Reg, to give legislative effect to the postponement.

Should you wish to discuss this post, please contact Megan Hawley, Partner on 8235 9703 or by email, at