Compliance with the Building Code and development consent
After obtaining development consent, in most cases a construction certificate must be obtained from Council or a private Registered Certifier before commencing any building work including any associated demolition or excavation works.
A construction certificate is basically a type of building approval which certifies that the proposed building (or subdivision) work will comply with the Building Code of Australia (BCA).
A construction certificate also certifies that any relevant conditions of development consent, and other regulatory requirements, have been satisfied.
A construction certificate (CC) can only be issued if:
- the design and construction of the building (as shown in the construction certificate application and plans) is consistent with the development consent
- the proposed building will comply with the Building Code of Australia (BCA)
- the relevant conditions of the development consent have been complied with, for example: provision of security deposits, payment of monetary contributions, BASIX energy efficiency and water saving requirements, and any conditions requiring modifications to the development, preparation and submission of specialist details and reports, or any other matters required to be submitted with the required CC
- a number of other relevant legislative provisions have been met.
Detailed documentation is required
Conditions cannot generally be imposed on a construction certificate. This means the plans, specifications and associated documentation must be fully detailed and show compliance with the development consent and relevant provisions of the BCA & Australian Standards.
Who can issue construction certificates?
A construction certificate can be issued by Council or a private sector Registered Certifier who has the appropriate accreditation from Fair Trading NSW.
If issued by a private Registered Certifier, a copy of the certificate, associated plans and specifications must be forwarded to Council within two days after the date of determination.
Council provides a quality and cost-effective certification and inspection service.
How to apply for a construction certificate
Construction Certificates must be applied for online via the NSW Government Planning Portal
You can now apply online for a Construction Certificate via the NSW Planning Portal when lodging a development application.
How to apply online
- Register for a NSW Planning Portal account to start your application.
- Log in to complete the online application form.
You have the choice as to whom issues your Construction Certificate – the certifying authority can either be your Council or a registered certifier. Fair Trading NSW registers all certifiers that are not employed by your Council and provides the information you need on the Fair Trading NSW website.
Next steps - construction and occupation certificate
After obtaining a construction certificate to carry out building works, the owner or other person responsible for the development must appoint Council or private sector Registered Certifier as the Principal Certifier to carry out inspections of the works and to issue the required occupation certificate.
The Principal Certifier is usually the same person or organisation that issued the construction certificate.
The Principal Certifier will also advise of the necessary critical stages of the work to be inspected by the Principal Certifier or other Registered Certifier. If these inspections are not carried out to the satisfaction of the Principal Certifier, the Principal Certifier may not be able to issue an occupation certificate.
Failure to obtain an occupation certificate is an offence which can result in substantial penalties, issue of notices and orders or legal proceedings.
Further information may be obtained from a qualified Architect, Registered Certifier or from Council's Building Certification and Fire Safety team on 9093 6944.