Mandatory for all developments unless it is classified Exempt Development.
A Construction Certificate must be obtained from Council or an accredited certifier prior to the commencement of construction works.
During the construction phase it is important to ensure that erosion and sediment control measures are maintained and that all hoardings are secure.
A Construction Certificate is not required for Exempt Development, however it is important to determine whether other approvals may be required such as those under section 68 of the Local Government Act 1993 to carry out water or sewer supply work.
A Construction Certificate is an approval for building work that certifies that:
- Work completed in accordance with the specified plans and specifications will comply with the Building Code of Australia (BCA) including relevant associated structural standards and codes
- The detailed construction plans and specifications are "not inconsistent" with the development consent
- All “prior to issue of Construction Certificate” conditions of the development consent have been satisfied
- Security required as a condition of consent has been provided
- Any monetary contributions required as a condition of consent have been paid
- Structural strength and fire protection matters have been satisfied, in the case of a change of building use or alterations to an existing building
- The application has been referred to the NSW Fire Brigades, and any matters raised by the Brigades have been taken into consideration.
A construction certificate lapses at the same time as the development consent issued for the proposal, after five years.
Nominating a Principal Certifier
A Principal Certifier must be nominated prior to commencement of works if your building works are subject to a Construction Certificate or a Complying Development Certificate.
The role of a Principal Certifier is to undertake critical stage inspections of the building work in accordance with Section 162A of the Environmental Planning and Assessment Regulation 2000.
Council can fulfil the role of a Principal Certifier. To appoint Council as the Principal Certifier for your building work, you will need to apply for a Principal Certifier appointment via the NSW Planning Portal.
A Contract for Carrying out Certification work will need to uploaded to the NSW Portal as part of your Construction Certificate application.
Home Owner Warranty and Owner Builder Permit Requirements
The Home Building Act 1989 sets requirements for licencing relating to residential building work. This includes dwellings, and associated buildings and swimming pools. This legislation is administered by the NSW Department of Fair Trading
Detailed information on Home Warranty Insurance requirements can be accessed at the NSW Fair Trading website.
Detailed information on Owner Builder Permit requirements can be accessed at the NSW Fair Trading website.
Where Council is appointed as the building certifier Clause 98 of the Environmental Planning and Assessment Regulation 2000 requires Council must be satisfied that the requirement to have an Owner Builder Permit or Home Warranty Insurance are met before the commencement of work.
To assist people determine what is required Council has developed a flowchart to determine whether owner builder permit or home owners warranty is required. This is a guide only, may not be correct in all circumstances and should not be relied upon as legal advice.
Notice of Commencement
Applicants must notify Council that work is going to commence, and who is the Principal Certifier, at least two days prior to work starting. This is done by completing a Notice of Commencement Form.
Critical Stage Inspections
Your development may require inspections during the construction phase, which will take place at the critical stages of the development. This is to ensure that the construction works have been undertaken in accordance with the Building Code of Australia and relevant standards. If all critical stage inspection are not carried out by the Principal Certifier it may preclude the issue of an Occupation Certificate.
A Principal Certifier may also specify within your agreement, a requirement for additional inspection types depending on the extent and type of works being undertaken by the Principal Certifier or other experts such as structural engineers. This is to ensure that the work is being carried out to an acceptable standard to ensure the integrity of the development.
Additional inspections may also be required as a result of non-compliant works or staged inspections where necessary.
Each additional inspection undertaken throughout the construction phase will incur the appropriate inspection fee as outlined within Council’s Fees and Charges.
Booking Critical Stage Inspections
If you would like to arrange an inspection please call Council’s Planning and Environment Department on 02 6861 2373.
To ensure that staff are available to carry out critical stage inspections please give 48 hours notice for the inspection.
To book your inspection, you will need to provide the following information to the officer taking your call:
- Type of inspection (refer to Consent or Principal Certifier Agreement for the inspections required)
- Address of where the inspection will take place
- Contact name and telephone number of the relevant person
- Application reference number:
- construction certificate number
- development application number
- complying development certificate number
Building Sustainability Index (BASIX)
BASIX is a web-based planning tool designed to assess the potential performance of residential buildings against a range of sustainability indices.
By applying practical measures to design a new home, BASIX ensures there is a potential to save energy and water - saving you money on your bills and protecting the environment.
When building a new home, a BASIX Certificate must be submitted with your development application. BASIX also applies to alterations and additions made to existing homes, across NSW.
To get a BASIX Certificate, you must show that your proposed home will be designed and built to save energy and water. Information required by BASIX includes site location, dwelling size, floor area, landscaped area and services. The BASIX commitments shown on the Certificate must be clearly marked on the design plans.
An Occupation Certificate verifies that the Principal Certifier is satisfied that the building is suitable to occupy or use in terms of the requirements of the Building Code of Australia.
There are five kinds of Occupation Certificates:
Interim Occupation Certificate
Final Occupation Certificate
Occupation Certificate (Whole)
Occupation Certificate (Part)
Occupation Certificate (Partial)
It should be noted that an Occupation Certificate is a lawful requirement in the conveyancing process when a property is sold and it is therefore essential that you obtain a Final/Whole Occupation Certificate.
An application for an Occupation Certificate must be made via the NSW Planning Portal.
Subdivision is a form of development that requires consent. If a subdivision requires civil construction works (including rights-of-carriageway, roads, footpaths, water and sewerage asset construction) then a Subdivision Construction Certificate is required.
The Subdivision Certificate authorises the registration of the plan of subdivision for lodgement with the NSW Land and Property Information. The plan is to be prepared by a registered surveyor.
Section 6.4(d) of the Environmental Planning and Assessment Act 1979 certifies that the subdivision has been completed in accordance with the consent and any subdivision work has been completed in accordance with the Construction Certificate.
To apply, download and complete a Subdivision Certificate application and return to Council.