The Building and Development Certifiers Act 2018 (NSW) will come into force on 1 July 2020. The Act contains new and stronger provisions in regards to conflict of interest for registered certifiers. An important matter going forward is the interpretation of the terms "business, employment, personal, or family relationship." This article analyses the legislation with the aim of shedding some light on what is meant by these terms, and what relationships fall within their scope, with a particular focus on "business relationship". The article concludes that building certifiers should be very vigilant, and that, in any event, the specific circumstances surrounding certification services will be vitally important in determining whether there is a conflict of interest. If you are a private certifier in NSW and have any doubt regarding your obligations, it is important you consult an experienced construction lawyer before these changes come into force.
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