Posted on September 5, 2019 by Stuart Simington
Alert – New Part 6 building and subdivision provisions further postponed
The amended building and subdivision certification provisions contained in Part 6 of the Environmental Planning and Assessment Act 1979 (other than those for Building Information Certificates) were postponed under transitional arrangements. They were supposed to come into force on 1 September 2019. However, those provisions were further postponed, on 1 September, by the Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019.
The revised transitional arrangements for Part 6 provide for the former certification provisions in ss81A (2)–(6), 86 and Part 4A of the EPA Act to continue to apply, indefinitely, to
- interim or final occupation certificates issued under those former provisions before 1 December 2019, and
- development consents granted before that date.
The balance of Part 6 is to come into force for new development on 1 December 2019.
The transitional arrangements also continue to provide that the former enforcement provisions of the Act or regulations apply to prosecution of an offence for breach of the former certification provisions.