A Construction Certificate and Occupation Certificate are required for all development that requires building work. Construction and Occupation Certificates essentially confirm that the development meets relevant technical criteria such as requirements of the Building Code of Australia, fire safety provisions, accessible access, occupational health and safety and conditions of development consent.
A Construction or Occupation Certificate may be issued by an accredited certifier, but it can only be issued following Development Consent. There are no requirements for a Construction Certificate or Occupation Certificate for development categorised as an Exempt Development.
A Construction Certificate is an approval that ensures that if a building is erected in accordance with the approved plans and specifications it will also comply with the technical requirements of the Building Code of Australia (BCA) and other relevant Australian standards.
A Construction Certificate (CC) can be obtained from a private Accredited Certifier. If the Construction Certificate is issued by a private Accredited Certifier, a copy of the certificate, associated plans and specifications must be forwarded to the Authority within seven (7) days of issue.
Building works can commence after the construction certificate has been obtained and a Principal Certifying Authority (PCA) has been appointed. Upon completion of the building work, an occupation certificate is obtained from the PCA.
Having obtained development consent and then a Construction Certificate, the applicant is required to appoint a Principal Certifying Authority (PCA) prior to commencing any building work. A private Accredited Certifier may be appointed as the PCA.
The Authority must be notified of who has been appointed at least two days prior to building work commencing.
A PCA is the person responsible for ensuring compliance with the construction certificate, the BCA and other applicable requirements during the construction process. The PCA also checks compliance with the requirements of any development consent.
The PCA is required to:
Where residential building work is concerned, the PCA must be provided with details of the licensed building contractor and copies of any required home warranty insurance details, in accordance with the requirements of the Home Building Act 1989 and Environmental Planning & Assessment Act 1979.
An Occupation Certificate certifies that the building or nominated part of the building is safe and suitable to be occupied. The Occupation Certificate must be obtained from the PCA prior to the occupation of a new building (or part of a building).
The Building Certificate application identifies unapproved structures or works on the land which will need to be either demolished or the subject of additional information and reinspection. The Building Certificate is the Authority's formal agreement that at the time of issue of the Certificate, the Authority is satisfied with all the structures on the property to which the Certificate relates, or that where the Certificate relates only to specific structure(s), the Authority is satisfied with the structure(s) referred to in the Certificate for a period of 7 years from the date of issue.
All applications need to be accompanied by a current identification survey from a registered surveyor (or a certified copy of the same), works as executed plans and copies of all relevant certifications associated with the works.
Obtaining a Building Certificate for a property is a way an owner, or potential purchaser, or a financial institution can be assured that the structural assets on the property are in reasonable repair, are safe, and have the approval of the Authority. A Building Certificate is a certificate that is issued by the Authority which states that the Authority will not take any action under the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, to order or take proceedings for an order to have the building (covered by the certificate) to be demolished, altered, added to or rebuilt, or to take proceedings in relation to any encroachment by the building onto land under the control of the Authority, for a period of seven (7) years. A certificate is usually applied for when selling property.
A Building Certificate may be applied for by any of the following parties:
The owner(s)
Please contact the Building Approvals Unit on 02 9714 7357 or email planning@sopa.nsw.gov.au