FIRSTLY you will need to consider if you are applying for either:
a) Construction Certificate : This is a 2 step process involving; (1) Development Application, (2) Construction Certificate. This covers any type of development which requires development consent under a Local Environmental Plan (LEP), State Environmental Planning Policy (SEPP) or Development Control Plans (DCP) , by way of a Development Application (DA) approval. Click here for the steps involved for this process. An example can be found in the link below:
OR
b) Complying Development Certificate(CDC): Complying development is a fast-track approval process (that does not require a council development approval) for straightforward residential, commercial and industrial developments. Please click here to see the steps involved in this process. There are strict guidelines for the classification of a CDC based on the NSW State Environment Planning Policy (SEPP) 2008, further information can be found at the link below:
https://www.planning.nsw.gov.au/Policy-and-Legislation/Exempt-and-complying-development-policy
Construction Certificate
Achieving Your Construction Certificate (and Occupation Certificate) in 5 Easy Steps
Before any building work or development can commence a Construction Certificate is required. This certificate confirms that the plans and specifications are consistent with the development consent, complies with the National Construction Code (NCC) and any other council requirements. To apply, you will need to:
- hold an approved development consent (DC) issued by your local council
- have met all the requirements local council placed upon your development consent
- provide details of the work, such as construction plans and specifications for the development.
- Is safe to inhabitants (compliance to the Building Regulations);
- Does not infringe on the rights of those living or working in the region of the development
- Complies with the Conditions outlined in the Development Consent.
- You must apply for a construction certificate online via the NSW Planning Portal, and assign Illawarra Building Certifiers Pty Ltd (ABN 25 121 950 605) as the private certifier.
- IBC will be automatically notified of your application.
- IBC will send you a Contract (with quote for services) & Application Form.
- Once you have returned the signed Contract, completed Application Form and relevant documentation (listed on the Application Form) we will assess your application to ensure it complies with the conditions of consent (listed on the DC) and the National Construction Code (NCC).
- If successful we will issued the Construction Certificate & Stamped Plans. These will be lodged on the NSW Planning Portal and a copy emailed to you.
Please do not send applications directly to IBC, we can only accept applications lodged via the NSW Planning Portal.
- Apply for an Occupation Certificate online via the NSW Planning Portal, and assign Illawarra Building Certifiers Pty Ltd (ABN 25 121 950 605) as the private certifier.
- IBC will be automatically notified of your application.
- IBC will determine any required documentation or additional works that must be undertaken before issuing the occupation certificate.
- Once IBC are satisfied that all mandatory inspections have been approved, all required documents have been received, and the building or development is suitable for occupancy and meets the NCC requirements the Occupation Certificate will be issued.
- This Occupation Certificate will be lodged on the NSW Planning Portal (Council) and a copy will be sent to you.
Complying Development Certificate
Achieving Your Complying Development (and Occupation Certificate) in 5 Easy Steps
A complying development certificate (CDC) is an approval that does not require a separate council development application approval or a Construction Certificate. However, strict guidelines mean some developments are not able to be determined as Complying Development. This depends on several factors which need to be checked at the start of the assessment process. This entails an extensive check for any site restrictions such as zoning etc or other factors that may prohibit the application as a Complying Development. To apply, you will need to:
- Met complying development criteria
- Provide Water Authority plan
- Provide 149(5) Planning Certificate
- Provide BASIX requirements
- You must apply for a complying development certificate online via the NSW Planning Portal, and assign Illawarra Building Certifiers Pty Ltd (ABN 25 121 950 605) as the private certifier.
- IBC will be automatically notified of your application.
- IBC will send you a Contract (with quote for services) & Application Form.
- Once you have returned the signed Contract, completed Application Form and relevant documentation (listed on the Application Form) we will assess your application to ensure it complies.
- If successful we will issued the Complying Development Certificate & Stamped Plans. These will be lodged on the NSW Planning Portal and a copy emailed to you.
Please do not send applications directly to IBC, we can only accept applications lodged via the NSW Planning Portal.
- Apply for an Occupation Certificate online via the NSW Planning Portal, and assign Illawarra Building Certifiers Pty Ltd (ABN 25 121 950 605) as the private certifier.
- IBC will be automatically notified of your application.
- IBC will determine any required documentation or additional works that must be undertaken before issuing the occupation certificate.
- Once IBC are satisfied that all mandatory inspections have been approved, all required documents have been received, and the building or development is suitable for occupancy and meets the NCC requirements the Occupation Certificate will be issued.
- This Occupation Certificate will be lodged on the NSW Planning Portal (Council) and a copy will be sent to you.
IMPORTANT
It is against the law to start construction without a valid Construction Certificate. If any private certifier finds construction has proceeded without the necessary documents, or inspections have not been arranged for each mandatory critical stage of the development, the applicant will be referred to their local council to apply for a building certificate. The Principal Certifying Authority (PCA) is bound by law to issue the applicant with ‘An Notice of Intention to Issue an Order”. This advises the applicant to remedy the works completed outside of their consent or to obtain approval from council for the deviation of works from consent. Usually this notice allows the applicant 21 days to fulfil the requirements.
If the PCA is not satisfied the applicant has remedied the situation within the nominated time frame, then the PCA does not have any choice other than to advise the local council to issue an Order. In most cases the applicant will be fined. If any PCA does not regulate the construction of a project adequately, then they are at risk of being fined by their Accreditation Body, losing their accreditation (and in most cases if they can not operate, then they can not continue their business) and in the worst case scenario they can be gaoled. Therefore, if the applicant does not follow the recommended order of inspections or ‘jumps ahead’ with inspections, they will be unlikely to find any certifier in NSW who will take the situation lightly.