Building Work and Private Certification
Once development consent is granted, the building and construction phase begins involving amongst other things construction certificates, certification and appointing a Principal Certifier. Below is some information about the process and Council’s role.
What is a Construction Certificate and when is it required?
Once development consent is granted, the applicant is required to apply for and obtain a Construction Certificate before works can commence. The certificate confirms that the construction plans and development specifications are consistent with the development consent, comply with the Building Code of Australia, and any other Council requirements.
A Construction Certificate can be obtained either from Council or a private Registered Certifier. A list of Registered Certifiers can be obtained from NSW Fair Trading.
What is a Principal Certifier and what do they do?
The Principal Certifier (PC) carries out certification work and is registered by NSW Fair Trading. The PC is appointed prior to the commencement of any building work. The PC can either be Council or a private Registered Certifier.
A Principal Certifier:
- conducts critical stage inspections of the development
- ensures compliance with the development consent and the construction certificate or the complying development certificate
- investigates any non-compliances with the development
- ensures compliance with all conditions of consent
- ensures compliance with the Building Code of Australia
- ensures that all pre-conditions are met before the occupation certificate/ subdivision certificate is issued.
If there are concerns in relation to how a development is proceeding, you should firstly find out who the PC is and contact that person. The details of the Principal Certifier (PC) can usually be found on a sign at the front of the development site. If you are still unsure who the PC is please contact Council’s Customer Service team.
Appointing a Principal Certifier and Notification of Council
Prior to the commencement of work the applicant must appoint a PC. This can be Council or a private Registered Certifier. Once a PC has been appointed, Council must be notified in writing of who has been appointed.
What is Council’s role?
Council’s role in building and construction work varies depending on whether or not Council has been appointed as the PC. If Council is appointed as the PC, Council is responsible for conducting all critical stage inspections and ensuring the development is carried out in accordance with the development consent.
If a private Registered Certifier is appointed as the PC, it is not Council’s responsibility to conduct inspections or ensure building and construction compliance. Council generally becomes the 'keeper of public records'.
However, Council retains its regulatory role and enforcement powers and can still become involved and will take action if and when it is required. Council has wide discretion as to what, if any action to take if it finds the PC has not adequately met their inspection and compliance obligations.