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Church Street, Dubbo, NSW, 2830 - Office hours:
9am to 5pm, Monday to Friday - Mailing address:
PO Box 81, Dubbo, NSW, 2830 - Telephone: (02) 6801 4000
- Fax: (02) 6801 4259
- Email: Email us today
Construction Certificate applications
When is a Construction Certificate required?
A Construction Certificate (CC) application is required for all building work that requires development consent, as well as for any subdivision construction work associated with a subdivision that requires development consent.
In most instances, you should lodge your CC application after you have received your development consent, ensuring that the submitted plans have incorporated any changes or requirements specified in the conditions of development consent.
However, if your proposal is relatively simple eg swimming pool, garage, single dwelling, boundary re-alignment etc, it is possible to lodge the application at the same time as making your Development Application.
A CC is not required for building or subdivision work covered by a "Complying Development Certificate", or for certain minor works classified as "exempt development".
The criteria of what constitutes "complying development" and "exempt development" is specified by each Council either in a Development Control Plan (DCP) or in a Local Environment Plan (LEP) pertaining to their area.
In Dubbo City Council's case, they are detailed in Council's DCP G4.1-Exempt & Complying Development.
Compliance with development consent
It is essential that the plans submitted with any Construction Certificate application have incorporated any requirements specified in the conditions of the development consent for that development.
Under the legislation the certifying authority processing the Construction Certificate application must ensure the development shown on the CC plans is consistent with the development as approved on its development consent.
Consequently, if the Construction Certificate plans are not consistent with the development consent, the certifying authority cannot issue the CC until conforming plans are submitted.
Failure to ensure submitted Construction Certificate plans are in conformity with the development consent, together with adequate supporting information represents the most common cause for delays in processing Construction Certificates by Council.
How to prepare a Construction Certificate application
The Construction Certificate application replaced the former "Building Application" and "Subdivision Application" when the building and subdivision approval process was transferred from the Local Government Act to the Environmental Planning and Assessment Act (EP&AA) on 1 July 1998.
The requirements for the preparation of a Construction Certificate application are very similar to that for the former building application however, there are several significant differences.
A Construction Certificate application must be submitted to a certifying authority for processing and issuing. A certifying authority comprises Council's and accredited private certifiers.
Making an application
A CC application must include:
- A completed application form;
- Detailed building plans and specifications (in the case of a building CC);
- Detailed engineering plans (in the case of a subdivision CC and where applicable, also a building CC);
- Other relevant documents; and
- Full payment of the appropriate application fees.
Restrictions on the issue of a Construction Certificate
The EP&AA does not permit either Council or an accredited certifier processing a CC application to impose conditions on the certificate.
The only circumstances when conditions may be issued on a certificate are when they have been imposed either by the Director-General of the Department of Urban Affairs and Planning or the NSW Fire Brigades Fire Commissioner.
Consequently, deficiencies in the application cannot be attended to by imposing conditions as was the case with the former building and subdivision application process.
The legislation is explicit in that before a CC can be issued, the certifying authority must be satisfied that:
Any proposed building will comply with the requirements of the Building Code of Australia; and/or
The design and construction of the building or subdivision work are not inconsistent with the development consent.
The inability to impose conditions on a CC means that any defects or deficiencies found by the assessing certifying authority in the building or subdivision works or design or construction, have to be rectified by the lodgment of appropriately altered/amended plans before the certificate can be issued.
A CC cannot be issued for works which have already been erected or carried out. Consequently, any application submitted for existing work will be rejected.
Before starting any work
Before you start work, you must appoint a "Principal Certifying Authority" to oversee the work. You must also give the Council at least two (2) days notice of the commencement of the proposed building/subdivision work.
You can appoint the Council to be your Principal Certifying Authority. Alternatively, you may choose an accredited certifier.
For further information please contact the Environmental Services Division on (02) 6801 4000 or alternatively, email us at dcc@dubbo.nsw.gov.au
