by Dave Starr on 23 May 2017 in Drafting

What is a Construction Certificate?

Before you can commence any building work you will need to first receive a Construction Certificate (CC) from your local council. The Construction Certificate is the final stage of approval. It is required after you have received development consent in the form of a Complying Development Certificate (CDC) or Development Application (DA).

The Construction Certificate ensures your plans comply with the Building Code of Australia (BCA) and cross checks your construction specifications against your development consent (CDC or DA).

Specifically the Construction Certificate confirms:

• The construction plans and specifications comply with the relevant standards (ie Building Code of Australia);
• The construction plans and specifications are consistent with the development consent; and
• All conditions of the development consent requiring compliance prior to the issue of a construction certificate are finalised.

When do I require a Construction Certificate?

Construction Certificates are generally required after you have received approval on your Complying Development Certificate or Development Application and prior to the commencement of any ‘building work.’

Building works cannot commence until the Construction Certificate has been issued.

According to the EP&A Act, building work is defined as:

“Any physical activity involved in the erection of a building”

There are exceptions to this rule and the requirements for obtaining a CC will vary depending on each local council’s guidelines. It’s best to seek advice from your local council if you are unsure as to whether your development requires a Construction Certificate.

What is required in order to apply for a Construction Certificate?

The Construction Certificate can be obtained directly through your local council or by engaging the services of a private certifier.

In order to apply for the Construction Certificate you will need to:

• Have met all the requirements local council placed upon your development consent;
• Provide details and specifications for the development, including site plans, floor plans, elevations and sections.
• Ensure the drawings and details lodged with the construction certificate application are consistent with the development consent;
• Ensure the new building works comply with the Building Code of Australia, fire safety provisions and that the structural capacity of the building will be appropriate for the proposed use;
• Pay the Long Service Leave Levy if required (Payable for all works $25,000 or more in value).
• Pay any security deposits, contribution payments or section 94 contributions.

It is possible to apply for both a DA and a CC at the same time, however if you choose to only apply for one at a time you must apply for a DA prior to applying for a CC as a CC cannot be issued until a DA has been issued.

How do I proceed with the Construction Certificate application?

If your Development Application or Complying Development Certificate has been approved by your local council and you’re ready to proceed with the Construction Certificate application you will need to decide if you are going to use a Private Certifier or apply directly through to your local council.

If you choose to engage the services of a private certifier they will assist you with ensuring all the required paperwork is submitted and the requirements of the Construction Certificate are met. A private certifier can be little bit more flexible and the response times to questions and amendments tend to be more efficient as well.

A Construction Certificate Application Guide is available on the City of Sydney website or you can visit the Building Professionals Board for assistance with finding a private certifier.