Attachment C
PO Box 972 Parramatta NSW 2124 Tel: 02 9895 0111 TTY: 1300 723 404 ABN 81 913 830 179 www.fairtrading.nsw.gov.au
Role of registered certifiers – Home Building Act 1989 Important: this is a summary document only. This is the form of information about the role of a registered certifier, approved by the Secretary for the holder of a contractor licence to give to the other party to a contract. It is an offence under section 11B of the Home Building Act 1989 if the licence holder does not provide this document to the other party before entering into a contract. This requirement applies to a contract under which the licence holder undertakes: • to do, in person, or by others, any residential building work or any specialist work, or • to vary any such undertaking to do residential building work or any specialist work or the way in which any such work is to be done, but only if a registered certifier will be required with respect to some/all of the work. This requirement does not apply to: • a contract to do residential building work entered into between the holder of a contractor licence and a developer with respect to the work, • a contract for which the contract price does not exceed $5,000 or (if the contract price is not known) the reasonable market cost of the labour and materials involved does not exceed $5,000, • a contract of a class prescribed by the Home Building Regulation 2014 1 . A registered certifier is a public official, independent of the contractor Registered certifiers are public officials who do not work for builders, contractors, developers or property owners. A certifier can be from the private sector or your local council. A certifier’s role is to make an independent assessment to determine if relevant requirements of the Environmental Planning and Assessment Act 1979 have been met to warrant the issuing of a construction certificate, complying development certificate or occupation certificate.
Certifiers do not supervise or manage builders, contractors or building sites.
1 None are currently prescribed by the Regulation.
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