And some good news for old council certifiers

In our 17 February issue we reported an acknowledgement by the BPB that we had “identified an unintended problem with the current provisions of the Building and Development Certifiers Act 2018”.

This was an “inadvertent” arrangement that would mean Ordinance 4 building surveyors working doing certifying in councils could no longer do so using their existing qualifications.

The advice from the BPB was that this unintended problem would be addressed in the new Building and Development Certifiers Regulation, and it has been.

There is now a “grandparenting” provision for all people who hold accreditation immediately before the rescission of the Building Professionals Act. Clause 23 of Schedule 2 of the Building and Development Certifiers Regulation 2020 provides:

23   Additional pathway—all classes of registration

(1)  In addition to any other pathway set out in this Schedule, a person has the qualifications and experience required to be granted registration in a particular class if—

(a)  immediately before the repeal of the Building Professionals Act 2005, the person held a certificate of accreditation in a category that corresponds to that class of registration, and

(b)  the person has held a certificate of registration in that class continuously since that repeal with no period since the repeal during which the person was not registered that is longer than 3 months or such longer period as the Secretary may allow in a particular case.

(2)  For the purposes of this clause, clause 4 of Schedule 1 specifies which class of registration corresponds with a category of accreditation.

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