Posted on March 19, 2018 by Katie Mortimer

EPA Act Amendments – An update on building information certificates

We previously blogged on the amendments to the Environmental Planning and Assessment Act 1979 (Act), and some confusion surrounding the postponement of revised building and subdivision certification provisions.

The NSW Government has now amended the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (Savings Reg), so that it clearly states that the new building information certificate provisions are in force.

The Environmental Planning and Assessment Further Amendment Regulation 2018 (Amending Regulation) commenced on 16 March 2018, and amended the Savings Reg.

The Amending Regulation has inserted words to clause 18(2) of the Savings Reg, that specify that Division 6.7 of the EPA Act (that deals with building information certificates), applies, and is not postponed to 1 September 2018.

The amendments remove any doubt from our earlier interpretation of the clause, and ensure that Councils can issue building information certificates with certainty.

Read our earlier blog here, and see the Amending Regulation here.

Should you wish to discuss the new provisions, or the Act generally, please contact Carlo Zoppo, Partner on 8235 9705 or by email, at