complying development certificate application · 2018. 7. 24. · this form may be used to apply...

Walgett Shire Council PO Box 31, WALGETT, NSW, 2832

Telephone: (02) 6828 1399 Email: [email protected]

COMPLYING DEVELOPMENT CERTIFICATE APPLICATION

CDC No: ________________ Received: ___________ Intials: _________

1 |Co m p l y i n g D e v e l o p m e n t C e r t i f i c a t e A p p l i c a t i o n

Information for the Applicant

This form may be used to apply for a complying development certificate (a “CDC”) to carry out development classed as “complying development”. To complete this form, please place a cross in the relevant boxes, fill out the white sections as appropriate and attach copies of all documents indicated in the form as being required to be provided. To minimise delay in receiving a decision about the application, please ensure that all relevant information and documents are provided (Lot, Section & DP found on title documents).

Once completed, this application form should be submitted to a “certifying authority” for determination. Certifying authorities are either a private accredited certifier (which may be either an individual or a company) or the Local Council. A list of private accredited certifiers can be obtained from the Building Professionals Board at http://www.bpb.nsw.gov.au/page/for-consumers/find-a-certifier/

It is recommended that applicants should obtain a planning certificate issued under s.10.7 Environmental Planning and Assessment Act 1979 from the Local Council and provide it to the certifying authority with this application. This may expedite the determination of the application.

A single application for a CDC maybe made for development comprising the concurrent construction of new single storey or two storey dwelling houses if each is to be erected on existing adjoining lots.

If the certifying authority issues a CDC, the Applicant (or a subsequent owner of the land on which the development is proposed to be carried out) has permission to carry out the development without the need to obtain further development consent.

However, depending upon factors such as the type of development, the location of the development and whether there will be external work or activities involved (eg. road opening, use of footpath areas) there may still be a need to obtain other approvals in order for the work involved to be performed. A list of the possible additional approvals that may be required can be obtained from the Department of Planning at www.planning.nsw.gov.au. In order to avoid potential delays in commencing any work, Applicants should ascertain whether other approvals will be needed, and if so, the stage at which they will be required.

SECTION A. Details of the Applicant

Mr Ms Mrs Dr Other:

First name

Family name

Company (if applicable)

ABN (if applicable)

Unit/Street no.

Street Name

Postal Address

Suburb or town

State

Postcode

Daytime telephone

Fax

Mobile

Email

SECTION B. Location and title details of the land where the development is to be carried out.

Flat/street no.

Street name

Suburb or town

Postcode

Lot no.

Section

DP / SP no.

Volume/folio

mailto:[email protected]

http://www.bpb.nsw.gov.au/page/for-consumers/find-a-certifier/

http://www.planning.nsw.gov.au/


SECTION C. Describe the development proposed to be carried out

Provide a brief description of the development. For example, if a dwelling is proposed, include information such as the type of building (house, townhouse, villa etc), the number of floors, the number of bedrooms, the major building material (brick, brick veneer, timber clad etc).

SECTION D. Estimated cost of the development

$ The contract price, or if there is no contract a genuine and accurate estimate, for all labour and material costs associated with all demolition and construction required for the development, including the cost of construction of any building and the preparation of a building for the purpose for which it is to be used (such as the costs of installing plant, fittings, fixtures and equipment). GST is also to be included.

SECTION E. Environmental planning instrument

Provide the name of the “environmental planning instrument” (*see - definition below) under which the development is complying development.

If the development is specified as complying development by a “development control plan” (*see - definition below) referred to in an environmental planning instrument, also provide the name of that development control plan.

Note: The criteria for complying development may vary between environmental planning instruments. You must nominate which instrument this Application is to be assessed under.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

OR

Other environmental planning instrument (EPI)

Name of EPI

Name of Development Control Plan (if applicable)

*Environmental planning instruments (EPI) are State Environmental Planning Policies and Local Environmental Plans. Complying development is commonly, but not always, authorised under either the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , or a Local Environmental Plan of the Council for the area where the development is to be carried out.

Development Control Plan. An EPI may refer to another instrument called a “Development Control Plan” (DCP) which contains more detailed provisions which support the EPI. A DCP may specify certain development as being complying development under the EPI.


SECTION F. Asbestos

If any bonded asbestos material or friable asbestos material will be disturbed, repaired or removed in carrying out the development, what is the estimated area of the material ?

square metres

SECTION G. Attachments relating to the proposed development

Applicants must provide the documents listed below that are relevant to the type of development that is proposed. Please confirm that documents relating to the requirements below have been attached by placing a cross in the appropriate box(s). Applicants should confirm with the certifying authority how many copies of documents are required to be provided prior to lodging this application.

1. Attachments for fire link conversions

Does the Application relate ONLY to a fire link conversion? Yes No

If ‘Yes’ provide a document that describes the design and construction, and mode of operation, of the new fire alarm communication link.

2. Attachments for developments other than fire link conversions ( 1 copy of plans and in addition Council prefers plans to be submitted as digital pdf files).

A site plan of the land

Provide a site plan indicating:

(a) the location, boundary dimensions, site area and north point of the land, (b) existing vegetation and trees on the land, (c) the location and uses of existing buildings on the land, (d) existing levels of the land in relation to buildings and roads, (e) the location and uses of buildings on sites adjoining the land.

A sketch of the development

Provide a sketch which indicates:

(a) the location of any proposed buildings or works (including extensions or additions to existing buildings or works) in relation to the land's boundaries and adjoining development,

(b) floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building,

(c) elevations and sections showing proposed external finishes and heights of any proposed buildings (other than temporary structures),

(d) elevations and sections showing heights of any proposed temporary structures and the materials of which any such structures are proposed to be made (using the abbreviations set out in SECTION P),

(e) proposed finished levels of the land in relation to existing and proposed buildings and roads,

(f) proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate),

(g) proposed landscaping and treatment of the land (indicating plant types and their height and maturity),

(h) proposed methods of draining the land, (i) in respect of BASIX affected development, such other matters as the BASIX

certificate(s) requires to be included on the sketch. (See-BASIX NOTES at the end of this Section)

(j) in respect of BASIX optional development for which a BASIX certificate(s) has been obtained, such other matters as the BASIX certificate(s) requires to be included on the sketch. (See-BASIX NOTES at the end of this Section)


Does the development involve subdivision work? Yes No

If ‘Yes’ provide appropriate subdivision work plans and specifications, which are to include:

(a) details of the existing and proposed subdivision pattern (including the number of lots and the location of roads),

(b) details as to which public authorities have been consulted with as to the provision of utility services to the land concerned,

(c) detailed engineering plans as to the following matters: (i) earthworks, (ii) roadworks, (iii) road pavement, (iv) road furnishings, (v) stormwater drainage, (vi) water supply works, (vii) sewerage works, (viii) landscaping works, (ix) erosion control works,

(d) copies of any compliance certificates to be relied on.

Does the development involve a change of use of a building (other than a dwelling-house or a building or structure that is ancillary to a dwelling-house and other than a temporary structure or work that relates only to fire link conversion)? Yes No If ‘Yes’ provide:

(a) a list of the Category 1 fire safety provisions that currently apply to the existing building, (b) a list of the Category 1 fire safety provisions that are to apply to the building following its

change of use.

Does the development involve building work (including work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house)? Yes No

If ‘Yes’ provide:

(1) A detailed description of the development by completing SECTION P.

(2) Appropriate building work plans and specifications, which are to include:

(a) detailed plans, drawn to a suitable scale and consisting of a block plan and a general

plan, that show: (i) a plan of each floor section, and (ii) a plan of each elevation of the building, and (iii) the levels of the lowest floor and of any yard or unbuilt on area belonging to

that floor and the levels of the adjacent ground, and (iv) the height, design, construction and provision for fire safety and fire resistance

(if any),

(b) specifications for the development: (i) that describe the construction and materials of which the building is to be

built and the method of drainage, sewerage and water supply, and (ii) that state whether the materials to be used are new or second-hand and (in

the case of second-hand materials) give particulars of the materials to be used, (c) a statement as to how the performance requirements of the Building Code of

Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),

(d) a description of any accredited building product or system sought to be relied on for the purposes of section 4.28 (4) of the Environmental Planning and Assessment Act 1979**,

(e) copies of any compliance certificate to be relied on, (f) if the development involves building work to alter, expand or rebuild an existing

building, a scaled plan of the existing building,


(g) in respect of BASIX affected development, such other matters as the BASIX certificate(s) requires to be included in the plans and specifications. (See-BASIX NOTES at the end of this Section)

(h) in respect of BASIX optional development for which a BASIX certificate(s) has been obtained, such other matters as the BASIX certificate(s) requires to be included in the plans and specifications. (See-BASIX NOTES at the end of this Section)

** S.4.28(4) EP&A Act provides that a certifying authority must not refuse an Application on the

ground that any building product or system does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the EP&A Regulation 2000.

Does the development involve building work (other than work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house)? Yes No

If ‘Yes’ provide: (a) a list of any existing fire safety measures provided in relation to the land or any existing building

on the land, and (b) a list of the proposed fire safety measures to be provided in relation to the land and any building

on the land as a consequence of the building work.

Does the development involve the erection of a wall to a boundary that has a wall less than 0.9m from the boundary? Yes No

If ‘Yes’ provide: A report by a professional engineer (within the meaning of the BCA) outlining the proposed method of supporting the adjoining wall.

Does the development involve the demolition or removal of a wall to a boundary that has a wall less than 0.9m from the boundary? Yes No

If ‘Yes’ provide: A report by a professional engineer (within the meaning of the BCA) outlining the proposed method of maintaining support for the adjoining wall after the demolition or removal.

Does the development involve the erection of a temporary structure? Yes No If ‘Yes’ provide:

(a) documentation that specifies the live and dead loads the temporary structure is designed to meet,

(b) a list of any proposed fire safety measures to be provided in connection with the use of the temporary structure,

(c) in the case of a temporary structure proposed to be used as a place of public entertainment--a statement as to how the performance requirements of Part B1 and NSW Part H102 of Volume One of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),

(d) documentation describing any accredited building product or system sought to be relied on for the purposes of section 4.28 (4) of the Act,

(e) copies of any compliance certificates to be relied on.

Does the development involve the use of a building as an entertainment venue or a function centre, pub, registered club or restaurant? Yes No If ‘Yes’ complete the relevant portion(s) of the following statement:

The maximum number of persons proposed to occupy, at any one time, that part of the building used as:

an entertainment venue is ........................ persons.

a function centre is .......................... persons.

a pub is ....................... persons.

a registered club is .................... persons.

a restaurant is ...................... persons.


Does the development involve building work (see - note below) in respect of which an alternative solution under the Building Code of Australia (“BCA”) in respect of a fire safety requirement is proposed?

Yes No If ‘Yes’ provide:

Either or both of the following from a “fire safety engineer” (i.e. a private accredited certifier holding Category C10 accreditation):

(a) a compliance certificate (as referred to in s.6.4(e)(iv) EP&A Act) that certifies that the

alternative solution complies with the relevant performance requirements of the BCA. (b) a written report that includes a statement that the alternative solution complies with the

relevant performance requirements of the BCA.

NOTE The above requirement only applies to building work in respect of:

(a) a class 9a building that is proposed to have a total floor area of 2000 square metres or more,

and (b) any building (other than a class 9a building) that is proposed to have:

(i) a fire compartment with a total floor area of more than 2000 square meters, or (ii) a total floor area of more than 6000 square meters,

that involves an alternative solution under the BCA in respect of the requirements set out in EP1.4, EP2.1, EP2.2, DP4 and DP5 in Volume 1 of the BCA.

Does the proposed development comprise internal alternations to, or changes of use of, an existing building that is subject to an alternative solution relating to a fire safety requirement under the BCA?

Yes No If ‘Yes’ provide:

A written report by another accredited certifier who is accredited for the purpose of issuing a CDC for a building of that kind, which includes a statement that the proposed development is consistent with that alternative solution.

Does the Application involve a BASIX affected development, or a BASIX optional development for which a BASIX certificate has been obtained? Yes No

If ‘Yes’ provide: (a) the BASIX certificate(s) for the development (being a certificate(s) that has been

issued no earlier than 3 months before the date of the Application being made, and

(b) such other documents as the BASIX certificate(s) for the development requires to accompany the Application.

(See-BASIX NOTES at the end of this Section)


BASIX NOTES BASIX (the Building Sustainability Index) is a system introduced by the NSW Government to ensure that homes are built to be more energy and water efficient. BASIX is an on-line program that assesses a building’s design, and compares it against energy and water reduction targets. The design must meet these targets before a BASIX Certificate can be printed from the on-line facility. Any changes made to a building’s design after a BASIX Certificate has been issued means that another BASIX assessment must be completed and a new BASIX Certificate obtained. Buildings which are affected by the BASIX system (“BASIX affected buildings”) are those that contain one or more dwellings (but do not include hotels or motels). A BASIX Certificate MUST be obtained for every “BASIX affected development”, which are any of the following developments (other than development that is “BASIX excluded development”-see below):

(a) development that involves the erection (but not the relocation) of a BASIX affected building, (b) development that involves a change of building use by which a building becomes a BASIX

affected building, (c) development that involves the alteration, enlargement or extension of a BASIX affected

building, where the estimated construction cost of the development is $50,000 or more, (d) development for the purpose of a swimming pool or spa, or combination of swimming pools

and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of 40,000 litres or more.

BASIX excluded development is

(a) development for the purpose of a garage, storeroom, car port, gazebo, verandah or awning, (b) alterations, enlargements or extensions to a building listed on the State Heritage Register

under the Heritage Act 1977, (c) alterations, enlargements or extensions that result in a space that cannot be fully enclosed

(for example, a veranda that is open or enclosed by screens, mesh or other materials that permit the free and uncontrolled flow of air), other than a space can be fully enclosed but for a vent needed for the safe operation of a gas appliance,

(d) alterations, enlargements or extensions that the Director-General has declared, by order published in the Gazette, to be BASIX excluded development.

A BASIX Certificate MAY be obtained for certain developments by an Applicant even though there is no obligation to do so. This is called “BASIX optional development”. BASIX optional development means any of the following development that is not BASIX excluded development:

(a) development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimate of the construction cost of the development is less than $50,000

(b) development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of less than 40,000 litres.

If the proposed development involves the alteration, enlargement or extension of a BASIX affected building that contains more than one dwelling, a separate BASIX certificate is required for each dwelling concerned. Further information about BASIX and to obtain a BASIX Certificate, go to http://www.basix.nsw.gov.au. You should review the website to determine whether your development is affected or exempt from the BASIX provisions.

http://www.basix.nsw.gov.au/


SECTION H. List of Documents

Prepare and attach a list of all of the documents provided under SECTION G.

SECTION I. Copyright

Information for the Applicant: Upon an application being made for a complying development certificate, the Applicant (not being entitled to copyright) is taken to have indemnified all persons using the application and any accompanying documents in accordance with the Act against any claim or action in respect of breach of copyright (See-Cl.129 EP&A Regulation 2000).

SECTION J. Authority to enter and inspect land

Information for the Applicant: A certifying authority must not issue a complying development certificate for development unless the certifying authority, or an accredited certifier or council on behalf of the certifying authority, has carried out an inspection of the site of the development. By signing this Application, the Applicant, and if the Applicant is not the owner of the property, the owner also, authorise the certifying authority, or an accredited certifier or council, to enter the subject property at any reasonable time for the purpose of carrying out an inspection in connection with the assessment of this Application. The Applicant and the owner undertake to take all necessary steps make access available to the property to enable the inspection to be carried out.

SECTION K. Long Service Payment Levy

Information for the Applicant: Where a certifying authority completes a complying development certificate, that certificate must not be forwarded or delivered to the Applicant unless any long service payment levy payable under s.34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) has been paid (0.35% of estimated value > $25.000). The Applicant should attach a copy of a receipt for any long service payment levy that has been made or make arrangements for a copy to be available to be provided to the certifying authority in the event that a complying development certificate is completed.

SECTION L. Signature of Applicant(s)

Signature of Applicant(s)

Name(s)

Date

SECTION M. Consent of owner(s)

Note: If the Applicant is not the owner of the property, the owner(s) must sign the following statement.

As the owner(s) of the above property, I/we consent to this application.

Signature of owner(s)

Name(s)

Date


SECTION N. Delivery of the Application

Information for the Applicant. Applications for complying development certificates must be delivered:

by hand, or

sent by post, or

transmitted electronically to the principal office of the certifying authority. Applications MAY NOT be sent by facsimile transmission.

SECTION O. Date of Receipt of Application

To be completed by the certifying authority immediately after receiving this Application.

This Application was received on (insert date).

NOTE: COMPLETE SECTION P ON THE FOLLOWING PAGE


SECTION P. Description of the development

1. For each proposed new building, indicate:

The number of storeys (including underground storeys) in the building

The gross floor area of the building (in square metres)

The gross site area of the land on which the building is to be erected (in square metres)

2. For each proposed new residential building, indicate:

The number of existing dwellings on the land on which the new building is to be erected The number of those existing dwellings that are to be demolished in connection with the erection of the new building

The number of dwellings to be included in the new building Whether the new building is to be attached to any existing building Whether the new building is to be attached to any other new building Whether the land contains a dual occupancy

The materials to be used in the construction of the new building by completing the table below

Place a cross in each appropriate box.

Walls Code Roof Code Floor Code Frame Code

Brick (double) 11 Tiles 10 Concrete/slate 20 Timber 40

□ □ Brick (veneer) 12 Concrete/slate 20 Timber 40 Steel 60

Concrete/stone 20 Fibre cement 30 Other 80 Aluminium 70

Fibre cement 30 Steel 60 Not specified 90 Other 80

Timber 40 Aluminium 70 Not specified 90

Curtain glass 50 Other 80

Steel 60 Not specified 90

Aluminium

cladding

70

Timber/

weatherboard

40

Other 80

Not specified 90

Walgett Shire Council 2018 |

Walgett Shire Council Agreement for the performance of certification work

Agreement between

Walgett Shire Council (the Council)

and

(insert the Clients name)

(the Client)

Part A. Introduction 1. The Council is a certifying authority and employs an accredited certifier (the Certifier) who

is authorised to carry out the certification work which is the subject of this Agreement on behalf of the Council.

2. The Client seeks to engage the Council to perform certification work on the terms set out in this Agreement.

Part B. Interpretation Words and terms used in this Agreement are defined in the Dictionary (page 5).

Part C. Parties to the agreement

1. The Council

Name of Council:

Walgett Shire Council

Business address:

77 Fox Street

Walgett, NSW 832

Postal address:

P.O Box 31

Walgett, NSW 2832

Telephone:

(02) 68281399

Mobile:

Email:

[email protected]

2. The Client

Name of Client:

Address:

Postal address:

Telephone:

Mobile:

Email:


Part D. Certifier’s details

These are the details of the employee that Council proposes, at the date of the Agreement, to have carry out the certification work. If the Council later decides to have another employee carry out the certification work, the Council will within two days notify the Client in writing of the name and accreditation number of that other employee.

Name of Certifier:

Jessica McDonald

Accreditation number:

BPB 0839 AND/OR

Name of Certifier:

Andrew Wilson

Accreditation number:

BPB 1783

Part E. Certifier’s insurance details

Only complete if the Certifier holds insurance required by the BP Act. In most cases employees of Council do not hold insurance separate from Council

Name of insurer:

N/A

Address:

Policy no./identifier address:

Period of insurance cover:

From: To:

Part F: The development

Description of development: (eg: single storey dwelling)

Address of development:

Formal particulars of the title of the development site: (LOT, SECTION, DP)

Development consent details (tick appropriate box/s and complete as applicable)

Development consent granted by consent authority

Name of consent authority

Development consent no./identifier:

Date of development consent:

Development consent given by the issue of a complying development certificate (CDC)

Name of certifying authority

CDC no./identifier:

Date of CDC:

Part 4A certificates issued

Type of Part 4A certificate issued:

Name of certifying authority:

Certificate no./identifier:

Date of certificate:


Details of approved documents

Details of plans, specifications and other documents approved by development consent/CDC:

Details of plans, specifications and other documents the subject of any Part 4A certificate:


Inspections (complete as appropriate)

Any inspections of the development site or the development required under the EP&A Act or the EP&A Regulation will be carried out as follows:

Inspections by the Certifier:

All

None

Specific inspections (list):

Inspections by*:

See Part D

Accreditation no*:

See Part D

All

None

Specific inspections (list):

* These are the details of the person that Council proposes, at the date of the agreement, to perform the inspections. In the event that these proposed arrangements change, Council will inform the Client in writing who will be carrying out the inspections as soon as possible after the arrangements are made.

Part G. Certification work to be performed

(Tick one or more boxes as appropriate)

1. Determination of Applications for Development Certificates

Determination of application for a CDC*

Determination of application for a construction certificate*

Determination of application for a subdivision certificate*

Determination of application for a compliance certificate*

Determination of application for an occupation certificate*

Determination of an application for a strata certificate*

2. Undertaking the functions of Principal Certifying Authority (PCA)

Undertaking the functions of PCA for the development*

* Refer to relevant Attachment(s) that contain a Description of Services and the relevant Fees and Charges.

Part H. Fees and charges

1. Development certificates

(a) Set fees and charges

i. The fees and charges for the determination of an application for a development certificate are set out in the relevant Attachment(s).

ii. The set fees and charges for the determination of a development certificate must be paid to the Council before, or at the time, an application for the development certificate is lodged with the Council.

(b) Contingency fees and charges

i. In the case of fees and charges that may be payable for work arising from unforseen contingencies, the basis on which those fees and charges are to be calculated are set out in the relevant Attachment.

ii. In respect of any unforseen contingency work provided for under this Agreement, the Council is to send an invoice to the Client within 21 days after the completion of any such work.


2. PCA functions

(a) Set fees and charges

i. The fees and charges for the Council to carry out the functions as the PCA for the development are set out in the relevant Attachment(s).

ii. The set fees and charges for the carrying out of the functions as the PCA for the development are to be paid in full before the Council commences to carry out any of those functions.

(b) Contingency fees and charges

i. In the case of fees and charges that may be payable for work arising from unforseen contingencies, the basis on which those fees and charges are to be calculated are set out in the relevant Attachment.

ii. In respect of any unforseen contingency work provided for under this Agreement, the Council is to send an invoice to the Client within 21 days after the completion of any such work.

Part I. Statutory obligations (tick appropriate box) An information brochure which is to include information about statutory obligations must accompany this Agreement, if one is published by the Building Professionals Board on its website. The Board is the statutory body that accredits the Certifier and administers the Building Professionals Act 2005.

A copy of the Board’s Information Brochure is attached

The Board has not published a brochure as at the date of the Agreement

Part J. Date of agreement This Agreement is made on the ………….day of ………..20

Part K. Signatures ............................................................................................

Signed/executed by or on behalf of the Council ............................................................................................

Signed/executed by or on behalf of the Client


Dictionary Accredited certifier means the holder of a certificate of accreditation as an accredited certifier under the BP Act Applicable environmental planning instrument means the State Environmental Planning Policy or the Local Environmental Plan nominated by the Client as the instrument against which an application for a complying development certificate is to be assessed. BASIX means the Building Sustainability Index BCA means the Building Code of Australia. BP Act means the Building Professionals Act 2005 Certification work means:

a) the determining of an application for a development certificate b) the issue of a development certificate c) carrying out the functions of a PCA d) carrying out of inspections for the purposes of section109E(3)(d) of the EP&A Act e) carrying out inspections under section 22 Swimming Pools Act 1992 and issuing certificates

of compliance under that Act Contractor licence means a licence issued under the Home Building Act 1989 Development certificate means:

a) a certificate under Part 4A of the EP&A Act, being:

a construction certificate

a compliance certificate

a sub-division certificate

an occupation certificate b) a complying development certificate c) a strata certificate issued under the Strata Schemes (Freehold Development) Act 1973 or

the Strata Schemes (Leasehold Development) Act 1986 EP&A Act means the Environmental Planning and Assessment Act 1979 EP&A Regulation means the Environmental Planning and Regulation 2000 Owner-builder permit has the meaning given to it by the Home Building Act 1989 PCA means a principal certifying authority appointed under section 109E of the EP&A Act Residential building work has the meaning given to it by the Home Building Act 1989

Updated March 2013

Attachment: Application for a Complying Development Certificate (CDC)

Description of services

The Certifier will, on behalf of the Council, perform all work necessary to comply with relevant statutory requirements and to facilitate timely determination of the application, including:

1. Provide a blank copy of CDC application form to the Client. 2. If necessary, obtain a certificate under section 149 of the EP& A Act. 3. Conduct an inspection of, or arrange for another accredited certifier to inspect, the

development site, and prepare a record of the inspection. 4. If clause 130(2A) or 130(2E) of the EP&A Regulation applies to the application (i.e. where

there is an alternative solution relating to fire safety requirements) obtain a compliance certificate or written report from a fire safety engineer or another accredited certifier that satisfies the requirements of clause of the 130 EP&A Regulation.

5. Assess whether the proposed development satisfies the development standards set out in the relevant environmental planning instrument, development control plan and the EP&A Regulation.

6. Determine the application and prepare a notice of the determination. 7. If the application is granted:

a. prepare a complying development certificate b. endorse all relevant plans, specifications and other documents c. prepare any associated fire safety schedule or fire link conversion schedule d. ascertain if any long service payment levy is required to be made, and if so, that the

amount (or instalment) has been paid. e. ascertain if any contributions plan requires the CDC to be subject to a condition

requiring a monetary payment. f. issue CDC to the Client together with associated endorsed plans specifications and

other approved documents. g. forward copies of documents prepared to statutory authorities, including the NSW Rural

Fire Service, as required by the EP&A Regulation.

Fees and charges (Tick one of the following)

Fixed fee agreement

Council will undertake for a fixed fee all work involved in assessing, determining and finalising the application as set out in the Description of Services, including the costs of any service provided by a third party and any fees for obtaining or lodging documents, except for contingency items (if any) specified below.

Variable costs agreement

Council will undertake all work involved in assessing, determining and finalising the application as set in the Description of Services upon the following basis:

Fixed fee:

$

Council’s fee for services:

$

Contingency items#*

N/A

Third party fees for services (including for another accredited certifier’s services)*

$

Fees for certificates and lodgement of documents*

$

Contingency items#*

N/A

# If applicable, insert description of the contingency item – eg, ‘additional inspection if access not available’. If no provision is to be made for contingency items, write ‘N/A’ *Insert amount or basis of calculation e.g. “At cost” or “$.........per hour”

Updated March 2013

Attachment: Application for an Occupation Certificate (OC)


The Certifier will, on behalf of the Council, perform all work necessary to comply with relevant statutory requirements and to facilitate the timely determination of the application, including:

1. Provide a blank copy of an OC application form to the Client. 2. Conduct an inspection of the development and prepare a record of the inspection. 3. If clause 144 of the EP& A Regulation applies to the development (i.e. alternative solutions

for certain fire safety measures), apply to the Fire Commissioner for a final fire safety report.

4. Obtain a final fire safety certificate or interim fire safety certificate as required by the EP& A Regulation.

5. If the development is a residential flat building to which clause 154A of the EP&A Regulation applies, obtain a further design verification from a qualified designer in relation to the completed works.

6. Ensure that all BASIX requirements required to be complied with before an OC may be issued have been satisfied, including obtaining any necessary BASIX completion receipt.

7. If clause 130(2A) or 144A(1) of the EP& A Regulation applied to the development (i.e. where there is an alternative solution relating to fire safety requirements), obtain a further compliance certificate or written report from a fire safety engineer with respect to the completed works as required by clause 153A of the EP& A Regulation.

8. Assess whether the application satisfies the requirements of the EP&A Regulation, including whether any pre-conditions of the development consent or CDC which are required to be met before an OC may be issued, have been met and (where building work has been carried out) whether the work is not inconsistent with the development consent).

9. Determine the application and prepare a notice of the determination. 10. If the application is granted, prepare an OC and issue it to the Client. 11. Forward copies of documents prepared to the consent authority and the council as required

by the EP&A Regulation.


Fixed fee agreement

Council will undertake for a fixed fee for all work involved in assessing, determining and finalising the application as set out in the Description of Services, including the costs of any service provided by a third party and any fees for obtaining or lodging documents, except for any contingency items specified below.


Council will undertake all work involved in assessing, determining and finalising the application as set in the Description of services upon the following basis:

Fixed fee:

$ Included in CDC/CC fee


$

Contingency items#*

N/A



Contingency items#*

N/A


Updated March 2013

Attachment: Application for a Compliance Certificate


The Certifier will perform, on behalf of the Council, all work that is necessary to comply with relevant statutory requirements and to facilitate the timely determination of the application, including:

1. Conduct an inspection of any building work or subdivision work, if necessary. 2. Where appropriate, ascertain if a development consent or complying development

certificate is in force with respect to building work or subdivision work which is the subject of the application

3. If the application is granted, prepare a compliance certificate and issue it to the Client.


Fixed fee agreement

Council will undertake for a fixed fee for all work involved in assessing, determining and finalising the application as set out in the Description of Services, including the costs of any service provided by a third party and any fees for obtaining or lodging documents, except for any contingency items specified below.


Council will undertake all work involved in assessing, determining and finalising the application as set in the Description of services upon the following basis:

Fixed fee:

$


$

Contingency items#*

N/A



Contingency items#*

N/A


Updated March 2013

Attachment: Undertake the functions of Principal Certifying Authority (PCA)


The Certifier will, on behalf of the Council, perform all work that is necessary to comply with relevant statutory requirements, including:

1. Not later than two days before any building work or subdivision work commences, the Certifier will:

a. notify the consent authority of the Certifier’s appointment as PCA b. notify the Client of all inspections that are required to be carried out of the building

work or subdivision work. 2. Ascertain, before any building work or subdivision work commences, that a construction

certificate or complying development certificate has been issued for the work. 3. Ascertain, before any residential building work commences, that either:

a. the principal contractor is the holder of a licence under the Home Building Act 1989 and is covered by appropriate insurance, or

b. where the work is to be carried out by an owner-builder, that an owner-builder permit has been issued under the Home Building Act 1989

4. The Certifier will either carry out all critical stage inspections of the building work or subdivision work prescribed by the EP& A Regulation or required by the Certifier, or ensure that the inspections are carried out by another certifying authority. However, the Certifier will personally carry out the last critical stage inspection that is prescribed for a building.

5. The Certifier will make a record as required by the EP&A Regulation of all inspections that he or she carries out and will ensure that any other certifying authority that has carried out an inspection also prepares a report and supplies it to the Certifier.

6. The Certifier will determine whether any inspection (other than the last critical stage inspection) has been not carried out due to circumstances that were unavoidable, and whether the work that would have been inspected was satisfactory. The Certifier will make a record of any such missed inspection as required by the EP&A Regulation and provide a copy to the Client. The Certifier will also notify the principal contractor or owner builder of the missed inspection as required by the EP&A Regulation.

7. Determine applications for occupation certificates or subdivision certificate (subject to separate terms under this Agreement)

Compliance functions

8. The Certifier will take such steps as he or she considers appropriate to address any of the following matters relating to the development:

a. non-compliance with the development consent b. the carrying out of work without development consent c. an unauthorised use of a building d. a breach of a law relating to the carrying out of work or the use of the land e. a threat to the safety of a person or a person’s property f. any other matter the Certifier considers to be in the public interest to address.

9. Without limiting the actions that the Certifier may take, the Certifier may: a. attend the site or nearby properties to inspect any issue of concern relating to the

development b. confer with any person in relation to any issues of concern c. cause correspondence to be issued to any person d. refer any matter of concern to such persons or authorities as the Certifier considers

appropriate, including the consent authority, NSW Fair Trading or an environmental protection agency

e. issue notices under the EP&A Act

Updated March 2013

Fees and charges-PCA (Tick one of the following)

Fixed fee agreement

Council will undertake for a fixed fee all work involved in the Description of Services, including the costs of any service provided by a third party and any fees for obtaining or lodging documents, except for contingency items (if any) specified below.


Council will undertake all work involved in the Description of Services upon the following basis:

Fixed fee:

$


$

Contingency items#*

N/a



Contingency items#*

N/A

# If applicable, insert description of the contingency item – eg, ‘performance of Compliance Functions’. If no provision is to be made for contingency items, write ‘N/A’ *Insert amount or basis of calculation e.g. “At cost” or “$.........per hour”