Below is a list of the various certificates that may be required as part of your development process. Click on the header bars to get more information.
149 Planning Certificates
A 149 Certificate is a planning certificate under Section 149 of the Environmental Planning and Assessment Act 1979. Planning Certificates give information on the development potential of a parcel of land including the planning restrictions that apply to the land on the date the certificate is issued. There are two types of 149 planning certificates, 149/2 and 149/2&5.
What is the difference between a 149/2 and a 149/2&5 Certificate?
A 149/2 Certificate provides you with information such as zoning, whether and Draft Local Environmental Plans and Development Control Plans affect the land and whether any restrictions apply to the land due to natural hazards such as flooding and bushfire.
A 149/2&5 Certificate provides you with all of the above information and additional information such as any previous development applications within the past two years and whether the property may affected by mining lease areas.
Why do I need a 149 Certificate?
When land is bought or sold the Conveyancing Act 1919 requires a 149 Planning Certificate to be attached to the contract of sale. It may also help an existing owner to decide about the uses of their land.
Is there a fee involved?
The fees applicable are subject to change and are outlined in Council's fees and charges
How do I apply for a 149 Certificate?
Find the certificate applications here.
BASIX stands for the Building Sustainability Index. BASIX was introduced by the NSW state government to make sure new houses or additions are more energy and water efficient.
A BASIX certificate is needed when you lodge a development application for:
- a new home
- alterations and additions for an existing home if the work is worth $50,000 or more
- swimming pools with a volume of more than 40,000 litres
Where do I get a BASIX certificate?
Go to the BASIX website.On the website there’s an online assessment tool you can use.
The BASIX assessment tool calculates if your plans meet the targets for water and energy use. If they do, you’ll be issued with a BASIX certificate.
In New South Wales, building work, subdivision work or the erection of structures is regulated by a certification process.
Certification is provided in the form of a Complying Development Certificate or Construction Certificate.
This process ensures that building or other work complies with technical standards, such as the Building Code of Australia and the conditions of development consent.
Council has a professional Building Certification Team with a focus on:
Processing Complying Development Certificate applications (CDCs);
Processing Construction Certificate applications (CCs) for all classes of buildings; and
Carrying out the associated building certification role (i.e. mandatory inspections during construction and issue of associated certification such as Occupation Certificates).
Our Building Certification Team provide the building and development industry and the community with professional, timely and cost effective certification services for any level of project.
When you use our team you benefit from:
the stability and long term support that only Council can provide
competitive pricing (contact us for a quote)
qualified and experienced building surveyors who are all accredited under the Building Professionals Board Accreditation Scheme
a comprehensive service that covers the full range of inspections (including plumbing & drainage) and certifications for residential, commercial and industrial developments
complete accountability so you know that your building work complies with all building regulations, construction standards and development consent requirements
our comprehensive database and archive of documents which gives us access to previous applications and approvals
access to other professionals – including our engineers, development planners, heritage officers, health inspectors and on-site sewage management officers – so we can give you fast and comprehensive advice and assistance
Complying Development Certificates
Complying development allows a streamlined form of approval for low impact development. You can get faster approval without the need for a DA and CC if your development complies with certain standards.
Is your proposal Complying Development?
Complying development is specified within the following state policies:
Each policy applies to particular types of complying development and identifies relevant standards. These standards must be met for your proposal to be complying development.
Most complying development for residential and rural properties will be carried out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
The NSW Planning Portal website will help you to determine whether your proposal is complying development.
How do I apply?
You can apply by lodging a Complying Development Certificate application in person,email or mail. .
Information you will need to submit
You will need to submit detailed plans and building specifications to confirm that your proposal complies with the relevant standards.
Separate approvals may be required before the Complying Development Certificate (CDC) can be issued if your development involves installation of, or alteration to stormwater; on-site sewage management systems; or driveways.
Talking to neighbours
Building works often cause disruption. However, talking through your designs and likely time frame with neighbours will help address any concerns and avoid disputes when building begins.
Early consultation will help your neighbours understand your plans and the likely impact on their own properties. This timely consultation will also allow you to respond to questions easily before any detailed plans are finalised.
There are two requirements for informing neighbours who live within 20 metres of your property:
- We will advise the neighbours 14 days before the application is approved if the property is within an established residential area; and
- You must advise your neighbours seven days before the work starts. If the development is in a new residential release area neighbours must be advised at least two days before work starts.
While your neighbours are not able to insist on changes to the development plans, giving them an opportunity to review the proposal can help address any issues. The earlier in the process this takes place, the better for everyone concerned.
A Construction Certificate (CC) certifies that:
the construction plans and specifications comply with relevant standards (e.g. Building Code of Australia);
construction plans and specifications are consistent with the development consent; and
conditions of the development consent have been met.
When is a Construction Certificate required?
A Construction Certificate is required after development consent is issued and before any building work is carried out. Building work means any physical activity and includes site preparation such as excavation and/or the removal of trees, and/or the erection of a building including alterations and additions.
A Construction Certificate is not required for complying development where building details are covered by a Complying Development Certificate (CDC).
When do I apply for a Construction Certificate?
You can apply for a Construction Certificate once detailed plans, specifications and/or engineering details have been prepared.
You can apply for a Construction Certificate:
At the same time as you lodge a Development Application (DA). This would apply for most development proposals where consideration of the DA is unlikely to require modification to the construction drawings and the level of detail of plans and specifications is sufficient for approval to be given.
If you choose to lodge your CC at the same time as the DA you may enjoy the benefits of reduced application fees and faster processing.
After development consent has been obtained. (This option would be more suitable for complex proposals).
What information is required with a CC application?
We need detailed plans and building specifications from you to determine if the proposed building will comply with the development consent and relevant building codes.
Where your development involves the installation of or alteration to stormwater, on-site sewage management systems or driveways, separate approvals may be required before the Construction Certificate can be issued. The conditions of your development consent will specify whether these approvals are required or not.
How do I apply?
You can apply by completing the Construction Certificate application. You can lodge your application by email, in person or by mail.
Making changes to approved plans
Before or during the building process, you may choose or need to alter your proposal from that which was approved by Council. If this happens, you MUST contact Council before you undertake the works. You might need to make an application to amend your original development consent or construction certificate.
Unless the changes are extremely minor, have little or no external effect to the approved building form, and Council has formally advised you in writing, you will need to submit an application under section 96 of the Environmental Planning & Assessment Act to modify your original consent.
Modification applications (Section 96 applications) are considered in a similar way to the original development application, including the notification process. For further details on the lodgement of a your application please contact Council. A section 96 application to modify the development consent will also require the submission of an application to Council to modify the construction certificate if one had been previously been lodged..
Withdrawl of the construction certificate application
The application can be withdrawn at any time before its determination. You will need to notify the certifying authority (Council or Accredited Private Certifier) in writing (signed by the applicant). Some or all of the application fee may be refunded.
Before moving in or using any building, an occupation certificate must be issued by the PCA. The occupation certificate proves that the PCA is satisfied that the building is suitable to occupy or use. An occupation certificate is needed for any new building work, or change of use of a building, that has development consent and a construction certificate or a complying development certificate. Occupation certificates are not required for buildings which are considered exempt development.
In the case of buildings other than single dwellings, dual occupancies and related development, the application must be accompanied by a fire safety certificate. The certificate may be an interim or a final certificate and may be issued for the whole or any part of the building.
There are 2 different types of occupation certificate, "final" or "interim". An interim occupation certificate allows you to start living in or using a partially completed building, or to begin a new use of part of an existing building.
If an interim certificate is issued, a final occupation certificate is still required when all building work or the change of use is complete.