Development Certificates

If you plan to carry out any building work that requires development consent in the form of a Development Application (DA) approval from Council, you will also need to obtain a Construction Certificate (CC) after a DA is approved and prior to commencing any building work.

The notice of determination that is issued by Council when a DA is approved will state whether a CC is required to be obtained. Generally, any DA approval for new building work will require a CC to be issued prior to the commencement of any works.

The CC confirms that:

• Detailed construction plans and specifications comply with the Building Code of Australia (BCA) and any other relevant Australian Standard;
• The construction plans and specifications are consistent with the DA approval;
• The DA conditions of approval have or will be complied with;
• All required fees, bonds and deposits have been paid.

DA approvals for demolition only or for ‘change of use’ where there are no building works do not require a CC.

CCs can be issued by private accredited certifiers. The persons with the benefit of the development consent (i.e. the landowner/s) can choose who they wish to issue a CC.

An application for a CC should include detailed building plans, engineering details and specifications and will usually contain more information than the approved DA documentation.

All applications for a Construction Certificate (CC) must be submitted via the NSW Planning Portal. More information about CCs can also be viewed on the NSW Planning Portal. 

Do you plan on undertaking works outside your property? Many people dealing with Council undertaking works on Council's road reserve are doing so for the first time.

As the authority responsible for local infrastructure, Council is obliged to maintain roads and footpaths in a safe state for everyone to use.

Works on Council Property Application

If you’re buying or selling a property and you suspect that unauthorised or unlawful building work may have been carried out without the required approvals, you can apply for a Building Information Certificate (BIC).

Building Information Certificates are to be submitted to Council online via the NSW Planning Portal.

Apply Online for a Building Information Certificate 

Principal Certifier appointment & notice of commencement

Before starting any building or subdivision work that requires DA or CDC approval, you must appoint a Principal Certifier. Then you must notify the Principal Certifier and Council that you are planning on starting work. This must be done using the NSW Planning Portal at least two (2) days before any building work commences.

From 01 July 2021, all Principal Certifier appointments must be made using the NSW Planning Portal.

The Occupation Certificate (OC) authorises the occupation and use of a new building or part of a building. For staged works, a Part OC may be issued which allows you to occupy the completed part of the building. An OC is required for the use, occupation or change of use of a new building subject to a Construction Certificate (CC) or a Complying Development Certificate (CDC). An OC can only be issued by whoever was appointed as the Principal Certifier (PC).

The PC inspects each required stage of construction and issues an occupation certificate (for any building work) only when the development consent has been complied with and the building is suitable for occupation or use.

Depending on the OC sought, the PC must be satisfied the development meets various regulatory standards before issuing the certificate. These include but are not limited to:

• That a development consent is in force.
• That a CC or CDC has been issued.
• The design and construction of the building is not inconsistent with the development consent.
• Any conditions of approval set out in the development consent or requirements of planning agreements have been satisfied.
• That the building is safe and suitable for occupation (in accordance with its Building Code of Australia (BCA) classification).

Issuing the OC for the whole of the development is the last step in the formal Development Application (DA) and construction process (though there could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or landscape maintenance, depending on the particular development).

All applications for an Occupation Certificate must be submitted via the NSW Planning Portal.  More information about OCs can also be found on the NSW Planning Portal.  

Request for release of damage deposit/bond

Prior to the commencement of any building work, a Principal Certifier (PC) must be appointed by the landowner/s with the benefit of the Development Application (DA) or Complying Development Certificate (CDC) approval. In most cases the PC is a private accredited certifier, but it can also be Council. The persons with the benefit of the development consent (i.e. the landowner/s) choose who they wish to be the PC. Usually, the PC is the same certifier who issued the Construction Certificate (CC) or Complying Development Certificate (CDC). Council is to be notified in writing of who has been appointed as the PC (if it is not Council).

Any building work where a CC or a CDC is required to be obtained will also require a PC to be appointed. PCs are public officials and independent regulators of development. They are required to uphold the public interest. PCs are regulated through NSW Fair Trading, who provide a register of certifiers where the public can search for an accredited certifier.

NSW Fair Trading’s certifier register and more information about finding and appointing a certifier can be viewed on the NSW Fair Trading website.

Finding and appointing a certifier 

From 01 July 2021, all PC appointments must be made using the NSW Planning Portal.

You must notify the PC and Council that you are planning on starting work. This is referred to as Notice of Commencement. This must be done at least two (2) days before any building work commences.

Additionally, you must also notify neighbours within 20 metres from the boundary of the development lot, prior to any demolition or construction works commencing. 

The Principal Certifier (PC) is an independent authority that inspects the development at certain stages to ensure it meets legislative requirements and the conditions of consent.

The main functions of the PC include are not limited to:

1. To ensure compliance of the development with the development consent and the Construction Certificate (CC), or if applicable an approved Complying Development Certificate (CDC).
2. To ensure compliance with all conditions of approval.
3. To ensure compliance with the Building Code of Australia (BCA).
4. To notify the neighbouring areas of the intent to start work and be the contact for community concerns regarding the works.
5. To carry out all the required inspections associated with the building works or subdivision works.
6. To issue the Occupation Certificate (OC) when all works are completed.

If you have a builder or other contractor, they are not allowed to appoint the certifier for you or make you use a particular certifier. They may recommend a certifier, but that is all. The landowner/s are free choice to use the certifier you want. 

When a private certifier is appointed the PC they are required to fulfil all the roles of the PC. It is not Council's responsibility to monitor or ensure building and construction compliance, however, Council still may get involved in response to complaints and in cases where private certifiers do not adequately meet their obligations. When a private certifier has been appointed the PC, the Council generally becomes the "keeper of the records", but is not directly involved in the inspection of the development site.

When Council is not the PC it does not have ready access to construction timeframes and schedules, and various professional reports that may be produced during the construction phase, including structural engineer’s certification and survey information. Such information and reports are not required to be submitted to Council until after the final occupation certificate has been issued by the PC. It is important to note that this is a significant impediment to Council’s ability to respond to general enquiries on a development site overseen by a private certifier.

The PC may also notify Council of construction non-compliances which enable Council to take enforcement action. Nevertheless, Council retains its regulatory role and enforcement powers and can take action if and when required. In addition, if Council becomes aware of a development not complying after the issuing of an Occupation Certificate (OC), Council may commence enforcement action to rectify the matter.