The Environmental Planning and Assessment Act 1979 provides that a person who has a development consent which involves any building work must obtain a construction certificate.
A construction certificate certifies that:
The detailed construction plans and specifications for any development are consistent with the development consent;
The development complies with the Building Code of Australia and all relevant technical standards;
That all relevant development consent conditions have been complied with;
That all required fees and contributions have been paid.
A construction certificate is not required where a complying development certificate has been approved.
Who can issue a construction certificate?
A construction certificate can be obtained from Council or an Accredited Private Certifier. To apply for a construction certificate from Council, complete the construction certificate application form and lodge the form at any one of Council's offices at Forster, Stroud or Tea Gardens with the required documentation and fees. A guide to Lodging a Construction Certificate guide to Lodging a Construction Certificate is available.
When should I submit an application for a construction certificate?
Council is unable to finalise your construction certificate application until after your development application has been determined. You can submit a construction certificate application at the same time as the development application. However an amendment to your construction certificate application may be needed should any changes occur during the assessment process. A construction certificate cannot be issued unless it is consistent with the development consent.
How do I organise a building inspection?
Where Council has been appointed as the PCA, Council's requirements for inspection services is set out in the confirmation of appointment as Principal Certifying Authority. This form is sent to the applicant and it is important that you or your builder obtain a copy of this form.
How can I make changes to the approved plans?
Before or during the building process, it may become necessary, or you may simply choose to alter your proposal from that which was approved by Council. If this does occur you MUST contact Council before you undertake the works, to find out if you need to make an application to amend your original development consent and/or construction certificate.
Unless the changes are extremely minor, have little or no external implications to the approved building form, and Council has formally advised you in writing, you will need to submit an application under section 96 of the Environmental Planning & Assessment Act to modify your original consent.
S96 applications are considered in a similar manner as the original development application, including the notification process. For further details on the submission of a s96 application please contact Council. A s96 application to modify the development consent will also require the submission of an application to Council to modify the construction certificate.
Withdrawal of construction certificate application
An application for a construction certificate may be withdrawn at any time prior to its determination by notifying the relevant certifying authority (Council or Accredited Private Certifier) in writing signed by the applicant. The certifying authority may refund the whole or part of the application fee.
What do I do when the work is completed?
When the final inspection has been carried out to the satisfaction of your PCA you must obtain an occupation certificate from them. This certificate from your PCA verifies that the construction work is fit for occupation and that you have complied with all the terms of your consent.
Last Updated: 21/03/2013