Building Professionals Act 2005 (NSW)

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An Act to establish the Building Professionals Board; to provide for the accreditation of certifiers for the purposes of the Environmental Planning and Assessment Act 1979; to provide for the regulation of accredited certifiers, the making of complaints against accredited certifiers and the investigation of certifying authorities; to amend the Environmental Planning and Assessment Act 1979 and other Acts consequentially; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Building Professionals Act 2005.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

(2)

Schedule 3.1 and 3.5 commence on the commencement of section 57 or the commencement of Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002, whichever is the later.

(3)

Different days may be appointed for the commencement of a single provision of Schedule 3 for the purpose of commencing the repeals or amendments effected by the provision on different days.

3Definitions(1)

In this Act—

accreditation holder means the holder of a certificate of accreditation.

accreditation scheme means an accreditation scheme in force for the time being under Division 1 of Part 2.

accredited body corporate means a body corporate that holds a certificate of corporate accreditation.

accredited certifier means the holder of a certificate of accreditation as an accredited certifier.

accredited certifier director means a person who is an accredited certifier and a director of an accredited body corporate.

authorised officer means a member of staff of the Board who is authorised by the Board to carry out investigations under Part 3 or 4.

Board means the Building Professionals Board constituted under section 75.

building professional means the holder of a certificate of accreditation as a building professional.

certificate of accreditation means a certificate of accreditation issued under this Act and in force.

certificate of corporate accreditation means a certificate of accreditation issued to a body corporate.

certificate of individual accreditation means a certificate of accreditation issued to an individual.

certification work means—

  • (a)

    the determining of an application for any development certificate, or

  • (b)

    the carrying out of the functions of a principal certifying authority under the Environmental Planning and Assessment Act 1979, or

  • (c)

    the carrying out of inspections for the purposes of section 109E (3) (d) of that Act, or

  • (d)

    the carrying out of inspections for the purposes of section 22C of the Swimming Pools Act 1992 and the issuing of certificates of compliance under that Act.

development certificate means—

  • (a)

    a Part 4A certificate,

  • (b)

    a complying development certificate,

  • (c)

    a strata certificate issued under the Strata Schemes Development Act 2015.

Director means the Director of the Board.

equivalent authorisation means a certificate, accreditation, registration or other authorisation or qualification that is issued or conferred under the laws of another jurisdiction and that enables the holder to undertake similar functions to the holder of a certificate of accreditation.

exercise a function includes…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.