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.