By issuing a building certificate, Council confirms that it does not propose to order, or commence proceedings for an order or injunction for, the certified building to be demolished, altered, added to or rebuilt. It also confirms Council will not commence proceedings in relation to any encroachment by the certified building onto Council land.
A building certificate may apply to the whole or part of a building, and is valid for seven years.
However, a building certificate does not prevent Council from issuing other types of notices and orders. For example, Council may still issue notices and orders in relation to fire safety, swimming pool safety and other public health and safety matters.
In order to determine an application for a building certificate, Council will inspect the building and review relevant Council records.
For further information please contact us.
Applying for a building certificate
Applications for a building certificate can be made on Council's Building Certificate Application Form and submitted to Council or through Council's Online Services. An application must be accompanied with relevant fees and supporting documents, including a certified copy of a survey certificate of the building.
Council may require additional details to make a full and proper evaluation of the application. These may include plans/specifications of the building, a registered survey, fire safety details, structural certification of the building, details of compliance with the Building Code of Australia and any occupation certificates issued in relation to any building works.
Council may also require specified works to be undertaken before a building certificate is issued. For example:
- installation of smoke detector alarms in accordance with the requirements of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia
- repair or renewal of defective guttering and downpipes
- repair or renewal of other noticeable building defects
- provision of safety fencing or other barriers to a swimming pool
- other necessary building or fire safety works.
Unauthorised work
Written details and certification (from a professional engineer and/or an accredited certifier - building surveyor) of any unauthorised or non-complying building work must be provided to Council with the application.
Fees
An application for a building certificate must be accompanied by the appropriate prescribed fee. Clause 260 of the Environmental Planning & Assessment Regulation 2000 specifies the following fees:
- where the application relates to a part of building and that part consists of an external wall only or does not otherwise have a floor area, the cost is $250.
- a Class 1 building (together with any associated Class 10 buildings eg garage) or a Class 10 building, costs $250 for each dwelling contained in the building or in any other building on the allotment.
- other classes of buildings as follows:
| Floor area of building or part | Fee |
|---|---|
Not exceeding 200m2 | $250 (minimum fee) |
Exceeding 200m2 but not exceeding 2000m2 | $250 plus an additional 50 cents per m2 over 200m2 |
Exceeding 2000m2 | $1,165 plus an additional 7.5 cents per m2 over 2000m2 |
If it is necessary to carry out more than one inspection of the building before issuing a building certificate, the Council may require the payment of an additional fee (not exceeding $90) for the issue of the certificate.
Additional assessment fees may also be required if the floor area of the overall building is greater than that stated in the application, or if the Building Certificate relates to any unauthorised building works which may have been carried out.
Waiver
This information is of a general and summarised nature. You are advised to refer to sections 149A to 149F of the Environmental Planning & Assessment Act 1979 for the full provisions about building certificate.