There are a number of certificates that may be required when carrying out building and development works.
A Construction Certificate is required after development consent has been issued and before any building work has commenced on site. ‘Building work’ means any activity on a site including:
- Site clearance
- Earth-moving
- Excavation
- Laying of foundations
- Erection of any building.
This process assesses the structural components of your Development Application (DA) to make sure that it meets the requirements of the Building Code of Australia (BCA) and any applicable standards.
Who can issue a Construction Certificate?
You can apply for a Construction Certificate through the NSW Planning Portal or an accredited certifier.
If applying directly through the Planning Portal Council you can make your application at the same time as applying for your DA. If you are applying through a private certifier you will need to make your application after your DA is processed by Council.
What information do I need to provide?
Your DA plans and building specifications need to accompany your Construction Certificate application. A structural engineer’s design for the footing/slab and steel work may also be required. Documents need to be submitted in an electronic format via the NSW Planning Portal.
Apply for a Construction Certificate
All applications need to be submitted via the NSW Planning Portal.
What else is required before work begins?
A Principal Certifying Authority (PCA) must be appointed before commencing any building or subdivision works. You may nominate either Council or a privately accredited certifier to act as your PCA. You must give Council at least two days notice of your intention to commence work.
If you need further advice call us on 1300 735025.
When does a Construction Certificate lapse?
A construction certificate lapses with the development consent.
A Building Occupation Certificate must be obtained from the appointed PCA before the building, or part of the building, can be occupied or used.
This document certifies that a building relating to your development consent is safe to be occupied in accordance with the Building Code of Australia.
If Council is the PCA, your application must be submitted to us prior to the inspection being conducted.
If you need further advice call us on 1300 735025.
All applications for Occupation Certificates need to be made via the NSW Planning Portal.
If your development involves plumbing and/or drainage works your plumber/drainer will need to provide a Certificate of Compliance for plumbing and drainage work to you and Council.
You can download the Certificate of Compliance for Plumbing and Drainage Work from NSW Fair Trading.
There is no statutory time frame for assessing and issuing building information certificates. Ensure that Building Information Certificates are applied for before the sale of a property.
Why apply for a Building Information Certificate (BIC)?
A Building Information Certificate is usually requested by buyers or sellers of property before settlement, to make sure that what is being bought or sold is not going to be the subject of action by the council.
You would normally apply for a BIC when unauthorised building works have been carried out. As you are unable to obtain development consent or a construction certificate for a building that has already been erected, a BIC is generally the only option available to “regularise” building work that has been carried out unlawfully.
A BIC is a certificate that prevents the council from taking the following actions from the date of issue of the certificate:
- make or start legal steps to get an order or injunction under the EP&A Act or Local Government Act 1993 (LG Act), requiring the building to be repaired, demolished, altered, added to or rebuilt; and
- take civil proceedings if the building extends onto land owned or managed by council.
We can inform an applicant the works that need to be done to the building before the Building Information Certificate can be issued. We can also refuse an application for a Building Information Certificate, but it must give detailed reasons to inform the applicant of the work needed before the certificate can be issued.
Once a council issues a Building Information Certificate it cannot give an order under the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, or take civil proceedings in relation to any matters that existed before the Building Information Certificate was issued.
We cannot give an order or take civil proceedings in relation to matters arising from the deterioration of the building for 7 years after the Building Information Certificate is issued.
How to apply
Register for a NSW Planning Portal account to start your application.
If you need further instructions they can be found at on the Planning Portal
Log in to complete the online application form.