Check a construction certificate against the statutory issue rules
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether the work is the erection of a building in accordance with a development consent. Record, without deciding they apply, any fact that the work is instead erection in accordance with a complying development certificate, or Crown building work certified under the same Part to comply with the Building Code of Australia. Record the date a construction certificate was issued, the date building work physically commenced on the land to which the consent applies, and whether the file shows payment of the long service levy, or the first instalment where the levy is payable by instalments, under section 34 of the Building and Construction Industry Long Service Payments Act 1986. Leave a blank row for the regulations.
- What the lawyer must review
- The lawyer applies sections 6.7 and 6.8 of the Environmental Planning and Assessment Act 1979 (NSW). A construction certificate is required for the erection of a building in accordance with a development consent. It is not required for erection in accordance with a complying development certificate, or for Crown building work certified under that Part to comply with the Building Code of Australia. It must not be issued unless the regulations have been complied with and the levy, or the first instalment, has been paid. A certificate has no effect if it is issued after the building work to which it relates is physically commenced on the land. The regulations are not stated in this task. Payment of the levy is not treated as the only precondition.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Record whether the work is the erection of a building in accordance with a development consent. Record, without deciding they apply, any fact that the work is instead erection in accordance with a complying development certificate, or Crown building work certified under the same Part to comply with the Building Code of Australia. Record the date a construction certificate was issued, the date building work physically commenced on the land to which the consent applies, and whether the file shows payment of the long service levy, or the first instalment where the levy is payable by instalments, under section 34 of the Building and Construction Industry Long Service Payments Act 1986. Leave a blank row for the regulations. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Compare the issue date with the date work physically commenced. Do not decide the certificate has no effect.
- Do not treat a complying development certificate, or certified Crown building work, as a construction certificate.
- Leave the regulations blank. They were not opened for this task.
- Do not treat payment of the levy as satisfying every precondition.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 6.7, requirement for a construction certificate · 2026-10-22
- Environmental Planning and Assessment Act 1979 (NSW) s 6.8, restriction on issue of a construction certificate · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.