Guide to the building approvals process

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5
Find out about inspections
6
Obtain an occupation certificate
Find out more
At least two days before work starts, the PCA must inform you about
the inspections required and you must inform your builder. The builder
will make arrangements with the PCA for inspections to be carried out
as needed. The PCA may not be able to issue certificates for completed
work if inspections are not undertaken.
Before you can occupy the building, you must apply for and obtain an
occupation certificate from your PCA.
The PCA will inspect the completed building work to determine if it is
suitable to occupy. If satisfied, they will issue an occupation certificate.6
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
Find out more about
5 Find out about inspections
working with
a PCA in
our new guide at
What can I do if I’m not happy with mywww.bpb.nsw.gov.au
PCA?
Find out more 6 Obtain an occupation certificate
At least two days before work starts, the PcA must inform you about
the inspections required and you must inform your builder. The builder
will make arrangements with the PcA for inspections to be carried out
as needed. The PcA may not be able to issue certificates for completed
work if inspections are not undertaken.
Complaints about your PCA should be taken up with them directly.
Complaints can then be referred to the Building Professionals Board if the
issue is not resolved.
You can appeal to the Land and Environment Court if the council
refuses to issue a final occupation certificate (or construction
certificate), or if no decision is made after a certain period. You cannot
7
appeal against the decision of an accredited certifier to refuse an
application for a certificate.
You are also able to change your PCA, by either obtaining an agreement
between yourself — as the person who appointed the PCA — the current
PCA and the proposed new PCA. You can also apply to the Board to change
your PCA, although the Board does not approve a change of PCA without
good reason.
Your PCA is not responsible for supervising your builder or tradespeople or
for ensuring the quality of fit and finish of building work. In these cases, a
complaint can be made to NSW Fair Trading (www.fairtrading.nsw.gov.au),
the body responsible for licensing builders.
Building ProfessionalsBefore
Boardyou can occupy the building, you must apply for and obtain an 5
Level 3 10 Valentine Avenue
occupation certificate from your PcA.
Parramatta NSW 2150
The PcA will inspect the completed building work to determine if it is 6
Tel: (02) 9895 5950
suitable to occupy. If satisfied, they will issue an occupation certificate.
Fax: (02) 9895 5949
The PCA will inspect the completed building work to determine if it
is suitable to occupy. Where satisfied, they will issue an occupation
certificate.
You can appeal to the Land and Environment Court if the council
refuses to issue a construction certificate or final occupation certificate,
or if no decision is made after a certain period. You cannot appeal
against the decision of an accredited certifier to refuse an application
for a certificate.
You can appeal to the Land and Environment court if the council efuses
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au to issue a final occupation certificate (or construction certificate), or if
no decision is made after a certain period. You cannot appeal against
the decision of an accredited certifier to refuse an application for a
Find out more about
certificate.
If you believe your PCA has or is unreasonably delaying the release
of your certificate or approval you should, in the first instance, discuss
this with the PCA. If you are not satisfied after that, contact the Board
for advice and assistance.
Councils can issue all of the certificates mentioned above.
Building Professionals Board
Level 3 10 Valentine
Avenue
At least two days before work starts, the PcA must inform you about the
Parramatta NSW inspections
2150
required and you must inform your builder. The builder will make
Tel: (02) 9895 5950
arrangements with the PcA for inspections to be carried out as needed. The
Fax: (02) 9895 5949
PcA may not be able to issue certificates for completed work if inspections
Email: bpb@bpb.nsw.gov.au
are not undertaken
www.bpb.nsw.gov.au
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to
issue these certificates depends upon their level of accreditation.
Before you engage a certifier, you should check their level of
accreditation at www.bpb.nsw.gov.au.
6
This brochure is part of a suite Obtain
of Guides available
from www.bpb.nsw.gov.au.
an occupation
certificate
At least two days before work starts, the PcA must inform you about the
inspections required and you must inform your builder. The builder will make
arrangements with the PcA for inspections to be carried out as needed. The
PcA may not be able to issue certificates for completed work if inspections
are not undertaken
6
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
occupy. Where satisfied, they will issue
occupation
Guidean
to the
building certificate.
Obtain an occupation certificate
Before you can occupy the building, you must apply for and obtain an
occupation certificate from your PcA.
This brochure is part of a suite of Guides available from www.bpb.nsw.gov.au.
Find out more
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
Choosing and working
with a Principal
Certifying Authority
(PCA)
Before you can occupy the building, you must apply for and obtain an
Find out more about
working with
a PCA
in
occupation certificate
from your PcA.
Find out more
out about inspections
5 Find
our new guide at
The PcA will inspect the completed building work to determine if it is safe to
www.bpb.nsw.gov.au
This brochure is part of a suite of Guides available from www.bpb.nsw.gov.au.
Guide to the building
approvals process
approvals process
You can appeal to the Land and Environment
court if the council refuses
A six-step guide to thecertificate, or if no
to issue a construction certificate or final occupation
approvals required for
anyone intending to build
decision is made after a certain period. You
cannot appeal against the
decision of an accredited certifier to refuse an application for a certificate.
The PcA will inspect the completed building work to determine if it is safe to
occupy. Where satisfied, they will issue an occupation certificate.
You can appeal to the Land and Environment court if the council refuses
to issue a construction certificate or final occupation certificate, or if no
decision is made after a certain period. You cannot appeal against the
decision of an accredited certifier to refuse an application for a certificate.
However, if the certifier fails to issue a certificate within a reasonable period,
a complaint may be lodged with the Building Professionals Board. The
Board may conciliate the dispute, discipline the certifier, or approve a change
to another certifying authority.
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to issue
these certificates depends upon their level of accreditation. Before you
engage a certifier, you should check their level of accreditation at
www.bpb.nsw.gov.au.
ImPorTANT NoTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
© State of New South Wales through the Building Professionals Board
DIScLAImEr: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
However, if the certifier fails to issue a certificate within a reasonable period,
a complaint may be lodged with the Building Professionals Board. The
Board may conciliate the dispute, discipline the certifier, or approve a change
to another certifying authority.
councils can issue all of the certificates mentioned above.
Notnotallconstitute
accredited
private
issue alladvice
of the above
IMPORTANT NOTE: This brochure does
legal advice.
Users certifiers
are advised tocan
seek professional
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
certificates or conduct mandatory inspections. Their authority
brochure.
to issue
these certificates depends upon their level of accreditation. Before you
engage a certifier, you should check their level of accreditation at
Guide to the building
approvals process
A guide for owners and
occupiers who intend to build
or subdivide and need a PCA
ImPorTANT NoTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
© State of New South Wales through the Building Professionals Board
© State of New South Wales through the Building Professionals Board. February 2011.
DISCLAIMER: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South www.bpb.nsw.gov.au.
Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
councils can issue all of the certificates mentioned above.
any part of the document.
DIScLAImEr: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
Councils can issue all of the certificates mentioned above.
At least two days before work starts, the PcA must inform you about
the inspections required and you must inform your builder. The builder
will make arrangements with the PcA for inspections to be carried out
as needed. The PcA may not be able to issue certificates for completed
work if inspections are not undertaken.
6
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
Obtain an occupation certificate
Guide to
the that,
building
this with the PcA. If you are not satisfied
after
contact the Board
approvals process
for advice and assistance.
5
Find out more about
working with
a PCA
in
out about inspections
5 Find
our new guide at
www.bpb.nsw.gov.au
Find out about inspections
At least two days before work starts, the PCA must inform you about
the inspections required and you must inform your builder. The builder
will make arrangements with the PCA for inspections to be carried out
as needed. The PCA may not be able to issue certificates for completed
work if inspections are not undertaken
The PcA will inspect the completed building work to determine if it is 6
suitable to occupy. If satisfied, they will issue an occupation certificate.
Obtain an occupation certificate
Before you can occupy the building, you must apply for and obtain an
occupation certificate from your PCA.
The PCA will inspect the completed building work to determine if it
is suitable to occupy. Where satisfied, they will issue an occupation
certificate.
You can appeal to the Land and Environment Court if the council
refuses to issue a construction certificate or final occupation certificate,
or if no decision is made after a certain period. You cannot appeal
against the decision of an accredited certifier to refuse an application
for a certificate.
If you believe your PCA has or is unreasonably delaying the release
of your certificate or approval you should, in the first instance, discuss
this with the PCA. If you are not satisfied after that, contact the Board
for advice and assistance.
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to
issue these certificates depends upon their level of accreditation.
Before you engage a certifier, you should check their level of
accreditation at www.bpb.nsw.gov.au.
Building Professionals Board
Level 3 10 Valentine
Avenue
At least two days before work starts, the PcA must inform you about the
Parramatta NSW inspections
2150
required and you must inform your builder. The builder will make
Tel: (02) 9895 5950
arrangements with the PcA for inspections to be carried out as needed. The
Fax: (02) 9895 5949
PcA may not be able to issue certificates for completed work if inspections
Email: bpb@bpb.nsw.gov.au
are not undertaken
www.bpb.nsw.gov.au
6
This brochure is part of a suite Obtain
of Guides available
from www.bpb.nsw.gov.au.
an occupation
certificate
Choosing and working
with a Principal
Certifying Authority
(PCA)
Before you can occupy the building, you must apply for and obtain an
Find out more about
working with
a PCA
in
occupation certificate
from your PcA.
Find out more
out about inspections
5 Find
our new guide at
The PcA will inspect the completed building work to determine if it is safe to
www.bpb.nsw.gov.au
At least two days before work starts, the PcA must inform you about the
inspections required and you must inform your builder. The builder will make
arrangements with the PcA for inspections to be carried out as needed. The
PcA may not be able to issue certificates for completed work if inspections
are not undertaken
6
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
occupy. Where satisfied, they will issue
occupation
Guidean
to the
building certificate.
Obtain an occupation certificate
Before you can occupy the building, you must apply for and obtain an
occupation certificate from your PcA.
This brochure is part of a suite of Guides available from www.bpb.nsw.gov.au.
This brochure is part of a suite of Guides available from www.bpb.nsw.gov.au.
Guide to the building
approvals process
approvals process
You can appeal to the Land and Environment
court if the council refuses
A six-step guide to thecertificate, or if no
to issue a construction certificate or final occupation
approvals required for
anyone intending to build
decision is made after a certain period. You
cannot appeal against the
decision of an accredited certifier to refuse an application for a certificate.
The PcA will inspect the completed building work to determine if it is safe to
occupy. Where satisfied, they will issue an occupation certificate.
You can appeal to the Land and Environment court if the council refuses
to issue a construction certificate or final occupation certificate, or if no
decision is made after a certain period. You cannot appeal against the
decision of an accredited certifier to refuse an application for a certificate.
However, if the certifier fails to issue a certificate within a reasonable period,
a complaint may be lodged with the Building Professionals Board. The
Board may conciliate the dispute, discipline the certifier, or approve a change
to another certifying authority.
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to issue
these certificates depends upon their level of accreditation. Before you
engage a certifier, you should check their level of accreditation at
www.bpb.nsw.gov.au.
ImPorTANT NoTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
© State of New South Wales through the Building Professionals Board
DIScLAImEr: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
However, if the certifier fails to issue a certificate within a reasonable period,
a complaint may be lodged with the Building Professionals Board. The
Board may conciliate the dispute, discipline the certifier, or approve a change
to another certifying authority.
councils can issue all of the certificates mentioned above.
Notnotallconstitute
accredited
private
issue alladvice
of the above
IMPORTANT NOTE: This brochure does
legal advice.
Users certifiers
are advised tocan
seek professional
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
certificates or conduct mandatory inspections. Their authority
brochure.
to issue
these certificates depends upon their level of accreditation. Before you
engage a certifier, you should check their level of accreditation at
A six-step guide to the
approvals required for
anyone intending to build
A guide for owners and
occupiers who intend to build
or subdivide and need a PCA
ImPorTANT NoTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
© State of New South Wales through the Building Professionals Board
© State of New South Wales through the Building Professionals Board. February 2011.
DISCLAIMER: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South www.bpb.nsw.gov.au.
Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
councils can issue all of the certificates mentioned above.
any part of the document.
DIScLAImEr: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
A six-step guide to the
approvals required for
anyone intending to build
ImPorTANT NoTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to
issue these certificates depends upon their level of accreditation.
Before you engage a certifier, you should check their level of
accreditation at www.bpb.nsw.gov.au.
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to
issue these certificates depends upon their level of accreditation.
Before you engage a certifier, you should check their level of
accreditation at www.bpb.nsw.gov.au.
A six-step guide to the
approvals required for
anyone intending to build
Find out more
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
Councils can issue all of the certificates mentioned above.
If you believe your PcA is unreasonably delaying the release
of your certificate or approval you should, in the first instance, discuss
this with the PcA. If you are not satisfied after that, contact the Board
for advice and assistance.
Guide to the building
approvals process
A six-step guide to the
approvals required for
anyone intending to build
working with
a PCA
in
out about inspections
5 Find
our new guide Ifat you believe your PcA is unreasonably delaying the release
of your certificate or approval you should, in the first instance, discuss
www.bpb.nsw.gov.au
© State of New South Wales through the Building Professionals Board. March 2011.
DIScLAImEr: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
councils can issue all of the certificates mentioned above.
BPB-0174_Building-Approvals_DL_v10.indd 1
Not all accredited private certifiers can issue all of the above
certificates or conduct mandatory inspections. Their authority to
issue these certificates depends upon their level of accreditation.
Before you engage a certifier, you should check their level of
accreditation at www.bpb.nsw.gov.au.
Obtain an occupation certificate
Before you can occupy the building, you must apply for and obtain an
occupation certificate from your PCA.
You can appeal to the Land and Environment court if the council efuses
to issue a final occupation certificate (or construction certificate), or if
no decision is made after a certain period. You cannot appeal against
the decision of an accredited certifier to refuse an application for a
certificate.
What is Council’s role?
Find out more about
working with
a PCA
in
out about inspections
5 Find
our new guide at
www.bpb.nsw.gov.au
Find out about inspections
Choosing and working
with a Principal
Certifying Authority
(PCA)
At least two days before work starts, the PCA must inform you about
the inspections required and you must inform your builder. The builder
will make arrangements with the PCA for inspections to be carried out
as needed. The PCA may not be able to issue certificates for completed
work if inspections are not undertaken
Before you can occupy the building, you must apply for and obtain an
occupation certificate from your PcA.
Beyond its responsibilities as and when it is appointed as a PCA, your local
council has powers under legislation to require compliance with relevant
legislation and approvals. This gives council the authority to issue orders and
on-the-spot fines or even, in the worse cases, take court action.
If you believe your PCA is unreasonably delaying the release
of your certificate or approval you should, in the first instance, discuss
this with the PCA. If you are not satisfied after that, contact the Board
for advice and assistance.
Building Professionals Board
Level 3 10 Valentine Avenue
Parramatta NSW 2150
Tel: (02) 9895 5950
Fax: (02) 9895 5949
Email: bpb@bpb.nsw.gov.au
www.bpb.nsw.gov.au
A six-step guide to the
approvals required for
anyone intending to build
ImPorTANT NoTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
A guide for anyone intending
to build or subdivide
© State of New South Wales through the Building Professionals Board. March 2011.
DIScLAImEr: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
councils can issue all of the certificates mentioned above.
8/03/11 2:14 PM
IMPORTANT NOTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
© State of New South Wales through the Building Professionals Board. March 2011.
DISCLAIMER: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
BPB-0174_Building-Approvals_DL_v10.indd 1
8/03/11 2:14 PM
IMPORTANT NOTE: This brochure does not constitute legal advice. Users are advised to seek professional advice
and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this
brochure.
© State of New South Wales through the Building Professionals Board. April 2011.
DISCLAIMER: While every reasonable effort has been made to ensure that this document is correct at the time of
publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person
in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of the document.
1
2
Speak to council
If you intend to renovate, demolish, build, develop or use land, speak to
your local council, or other building professionals such as town planners or
accredited certifiers, who can tell you about:
•
the rules for developing the particular site under council’s Local
Environmental Plan (LEP) and relevant State planning policies
•
any obligations you will have under planning legislation
•
what pre-commencement works must also take place
•
the development assessment process
•
any issues that might affect the development and use of the site.
This information will help you work out what approvals are required. If
your proposal is classified as ‘exempt development’, you will not require
approval.
Building approvals process
Development application
Complying development
certificate
Appointment of a
Principal Certifying
Authority (PCA)
Notice to council of
proposed commencement/
appointed PCA
Inspections
Occupation certificate
4
Appoint a Principal Certifying Authority
A Principal Certifying Authority (PCA) is the only person or body who can
issue interim or final occupation certificates.
Development application (DA)
Council, or other building professionals such as a town planner or
accredited certifier, will advise if you need to lodge a DA. In almost all cases
council issues the development consent, though a State agency may do
occasionally. Accredited certifiers cannot assess DAs.
You must appoint your PCA before work commences. Only the person
with the benefit of development consent (usually the landowner) can appoint
the PCA; the builder cannot appoint the PCA, unless they are also the
landowner.
Complying development certificate (CDC)
A complying development certificate is an alternative to a DA and only
available for routine work classed as complying development under council’s
planning controls or a State planning policy.
Your PCA can be either an accredited certifier, council or the consent
authority. The PCA inspects work during construction to ensure that it is
generally consistent with the approved plans and is fit to occupy having
regard to required building standards.
A complying development certificate is issued if a proposed development
complies with relevant planning controls and building controls under the
Building Code of Australia (BCA).
Although a PCA is appointed, ultimately it is your responsibility to ensure
conditions of development consent are met. The PCA should, however,
check the builder is licensed and that home warranty insurance has been
obtained.
Accredited certifiers and councils can issue complying development
certificates. The certificate must be obtained before any building work
commences, including site works such as demolition and excavation.
You should enter into a contract with the builder and obtain home warranty
insurance before work commences.
3
Construction certificate
Applying for a development application
or a complying development certificate
Read the conditions of consent carefully, note which conditions must be met
at different stages, and liaise regularly with your builder and PCA to ensure
conditions are satisfied.
This will help you avoid delays, or worse – a fine from council, costly
remedial work or an order to demolish unauthorised works.
Apply for a construction certificate (CC)
If you have development consent after submitting a DA to council, you need
a construction certificate before you can start building work. If you
have a complying development certificate, you do not need a construction
certificate.
As the person having the benefit of development consent, you must
give council at least two days notice in writing of your intention to
commence work on the site, and must notify council in writing at least
two days before building work commences of your appointed PCA.
A construction certificate confirms building plans comply with the BCA, are
‘not inconsistent’ with the development consent, and comply with relevant
conditions of the development consent. Accredited certifiers and councils
can issue construction certificates.
You can give these notices to council together.
A construction certificate (or complying development certificate) must be
obtained before building work commences. Without one, you cannot obtain
an occupation certificate at the completion of building work.
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