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Retrospective building/construction certificates prohibited & new license proposal post-poned

No retrospective building/construction certificates
The government, not impressed with the decision handed down by the New South Wales Land and Environment Court in the case of Marvan Properties v Randwick City Council [2005] in early February 2005, amended the legislation. The Court held that so long as the work was completed in accordance with the plans and specifications, then there is no reason to withhold the certificate and thus a retrospective building certificate can be issued. By mid-February 2005, amendments were made to the Environmental Planning and Assessment Act 1979 to prohibit retrospective construction certificates and changes concerning compliance certificates.

New licence proposal post-poned
In February 2006, the NSW Department of Commerce sought to introduce a new licence for multi-story builders; the proposal has now been delayed to allow industry feedback. "Multi-story" residential buildings are residential building comprising more than three storeys, excluding car park. The application fee for builders who want to have this category added onto their licence is suggested as $5,000.00.

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