On 1 March 2018, the new look Environmental Planning and Assessment Act 1979 (Act) came into force. However, Part 6 – Building and Subdivision Certification (which replaced the former Part 4A Division 1) was not due to commence operation until 1 September 2018.

On 17 August 2018, the Department of Planning and Environment announced that the commencement of Part 6 will be postponed by 12 months, until 1 September 2019.

The Department has delayed the commencement of Part 6 “to allow the sector to adjust to the numerous significant regulatory changes, including for fire safety regulation and the proposed Building and Development Certifiers Bill 2018.” The delay will also allow more time for consultation with the Department on the effect of the changes so as to ensure that business will not be adversely impacted.

On and from 1 September 2019, the new Part 6 will:

• Remove the concept of interim occupation certificates (while not affecting the ability to have the staged occupation of parts of new buildings);
• Create a new certificate for subdivision works, separating subdivision from construction works; and
• Provide powers for principal certifiers to issue directions to rectify non-compliant aspects of a development.

The Department has also stated that the further consultation will inform amendments to the Environmental Planning and Assessment Regulation 2000, which are required to facilitate the operation of Part 6.

This article was written by Paul Lalich, Partner and Andrew Scully, Associate.

Paul Lalich

P: +61 2 9334 8830

E: plalich@hwle.com.au