construction certificate application · construction certificate application section c. description...

Walgett Shire Council

PO Box 31, WALGETT, NSW, 2832

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

CONSTRUCTION CERTIFICATE APPLICATION

DA No: _______________ Ass No: ______________ Date Received: _____________ Initials: _______

Construction Certificate Application 1

Information for the applicant

This form may be used to apply for a construction certificate (a “certificate”) to carry out building work or subdivision work.

To minimise delay in receiving a decision about the application, please fill in all sections and ensure all relevant information and documents are provided.

Once completed, this application form should be submitted to a certifying authority for determination. Certifying authorities are either private accredited certifiers, the local council, or the consent authority for the development (if the council is not the consent authority). Private accredited certifiers may be either an individual or a company. View a list of private accredited certifiers at http://www.bpb.nsw.gov.au/page/for-consumers/find-a-certifier/

A construction certificate has no effect if it is issued after the building work or subdivision work to which it relates is physically commenced on the land to which the relevant development consent applies.

SECTION A. Details of the applicant*

*An application for a construction certificate may only be made by a person who has the benefit of the development consent. An application may not be made by person who will carry out the building work or subdivision work unless that person owns the land on which the work is to be carried out.

Mr Ms Mrs Dr Other:

First name

Family name

Company (if applicable)

ABN (if applicable)

Unit/Street no.

Street Name

Suburb or town

State

Postcode

Daytime telephone

Fax

Mobile

Email

SECTION B. Location and title details of the land where the building work or subdivision work is to be carried out (Lot Section and DP numbers can be found on the title documents of the land).

Unit/Street no.

Street Name

mailto:[email protected]

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

2 Construction Certificate Application

SECTION C. Description of the building work or subdivision work to be carried out

Briefly describe 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).

Class(s) of building(s) under the Building Code of Australia

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. Development consent

Date of development consent (if already granted)

Development consent reference no.:

Name of consent authority:

Name of applicant for development consent:

Suburb or town

State

Postcode

Lot no.

Section

DP / SP no.

Volume/folio


Provide (1 copy of the plans, and in addition Council prefers plans to be submitted as digital pdf files):

1 copy of the development consent, and including:

approved plans endorsed by the consent authority conditions of development consent other documents referenced by the development consent that are relevant to this application.

SECTION F. Planning agreements

If the development or the land upon which the development is to be carried out is subject to a planning agreement as referred to in section 7.4 EP&A Act, provide a copy of the planning agreement.

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 place a cross in the appropriate box(s) to indicate the type of development involved. Confirm from the certifying authority how many copies are required prior to lodging this application.

1. 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. Does the development involve SUBDIVISION WORK? Yes No

If Yes-provide:

Appropriate subdivision work plans and specifications, which include copies of:

(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.

3. BUILDINGS

3.1 Does the development involve building work (including in relation to a dwelling

house or building or structure ancillary to a dwelling house)? Yes No

If Yes-provide: (1) A detailed description of the development, indicating:

(a) for each proposed new building: (i) the number of storeys (including underground storeys) in the building (ii) the gross floor area of the building (in square metres) (iii) the gross site area of the land on which the building is to be erected (in square metres)


(b) for each proposed new residential building: (i) the number of existing dwellings on the land on which the new building is to be erected (ii) the number of those existing dwellings that are to be demolished in connection with the

erection of the new building (iii) the number of dwellings to be included in the new building (iv) whether the new building is to be attached to any existing building (v) whether the new building is to be attached to any other new building (vi) whether the land contains a dual occupancy (vii) the materials to be used in the construction of the new building by completing the table in

SECTION M

(2) Appropriate building work plans and specifications, which include copies of: (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 (ii) a plan of each elevation of the building (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 (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 4.15(4) of the Environmental Planning and Assessment Act 1979 (EP&A Act)* (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) if a BASIX certificate has been obtained for the development, such others matters as the BASIX

certificate requires to be included in the plans and specifications.

* S.4.15(4) EP&A Act provides that a consent authority must not refuse to grant consent to development on the ground that any building product or system

relating to the development 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.

3.2 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 or

work that relates only to fire link conversion) ? 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. (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.

3.3 Does the development involve an alternative solution under the Building Code of

Australia (“BCA”) in respect of a fire safety requirement? Yes No

If Yes-provide:

Either or both of the following from a “fire safety engineer” (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 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 (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 metres or (ii) a total floor area of more than 6000 square metres

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.

3.4 Does the application relate to a residential flat development for which the development application was required under Clause 50(1A) of the EP&A Regulation

to be accompanied by a design verification from a qualified designer? Yes No

If Yes-provide:

A statement from a qualified designer which verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65: Design Quality of Residential Flat Development (SEPP 65)

Note: If the development application was also required to be accompanied by a BASIX certificate with respect to any building, the statement need not verify the design quality principles set out in SEPP 65 to the extent to which they aim to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the building or in the use of the land that it

is built on, or improve the thermal performance of the building.

3.5 Has the Fire Commissioner granted an exemption under clause 188 EP&A Regulation from compliance with any specified Category 3 fire safety provision?

Yes No

If Yes-provide:

A copy of the exemption together with any conditions imposed.

3.6 Is any long service payment levy payable under s.34 of the Building and

Construction Industry Long Service Payments Act 1986? Yes No (0.35% of estimated value > $25,000)

If Yes-provide:

A copy of a receipt for any long service payment levy that has been made (or, where such a levy is payable by instalments, a receipt for the first instalment of the levy).

Where a council is the certifying authority, the levy may be made to the council when this application is lodged.

3.7 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:

The BASIX certificate(s) for the development (being either the BASIX certificate issued when the development consent was granted or some other BASIX certificate(s) that have been issued no earlier than three months before the date of the Application being made), and such other documents as the BASIX certificate(s) for the development requires to accompany the Application.


BASIX (the Building and Sustainability Index) ensures homes are built to be more energy and water efficient. BASIX uses an online program to assess 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. Any changes made to a building’s design after a BASIX certificate has been issued requires another BASIX assessment and new BASIX certificate. “BASIX affected buildings” 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 (other than development that is “BASIX excluded development”):

(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.

SECTION H. List of documents

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

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


SECTION I. Authority to enter and inspect land

A certifying authority must not issue a construction certificate for development on a site which affects an existing building unless the certifying authority, or an accredited certifier, council or consent authority on behalf of the certifying authority, has carried out an inspection of the site of the development.

If the applicant is the owner of the land, by signing this application authority is given to the certifying authority, or an accredited certifier, council or consent authority, 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 undertakes to take all necessary steps make access available to the property to enable the inspection to be carried out.

If the applicant is not the owner of the land, the owner(s) must sign the following statement.

As the owner(s) of the above property, I/we consent to the certifying authority, or an accredited certifier, council or consent authority, 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. I/we undertake to take all necessary steps make access available to the property to enable the inspection to be carried out.

Owners Signature(s)

Name(s)

Date

SECTION J. Delivery of the application

Applications for construction certificates must be delivered by hand, by post or transmitted electronically to the principal office of the certifying authority. Applications MAY NOT be sent by fax.

SECTION K. Signature of Applicant(s)

Signature of Applicant(s)

Name(s)

Date


SECTION L. Date of Receipt of Application

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

This Application was received on (insert date).

SECTION M. Development statistics

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

Gross site area (m2) Number of dwellings to be demolished

Gross floor area of existing building (m2) Number of dwellings to be constructed

Gross floor area of new building work (m2) Will the new building be attached to an existing building

Number of pre-existing dwellings on the site Does the site contain a dual occupancy

How many storeys will the building have

What are the current uses of the building

What will be the new building uses (if changed)

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 Construction Certificate (CC)

Description of services

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 CC application form to the Client. 2. If necessary, obtain a certificate under section 149 of the EP& A Act 3. If the development is on a site which affects an existing building, inspect, or arrange for

another accredited certifier to inspect, the building and prepare a record of the inspection. 4. 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 an initial fire safety report. 5. If the development is a residential flat building, obtain a design verification from a qualified

designer under clause 50(1A) of the EP& A Regulation 6. If clause 144A 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.

7. Assess whether the application satisfies the requirements of the EP&A Regulation, including compliance with the BCA, the development consent and any pre-conditions to the issue of a CC.

8. Determine the application and prepare a notice of the determination. 9. If the application is granted:

a. prepare a construction 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 security or monetary payment or levy under sections 94 or 94A of the

EP&A Act are required before the CC is issued. f. issue CC to the Client together with associated endorsed plans specifications and other

approved documents. g. forward copies of documents prepared to the consent authority 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 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.

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




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




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”

construction certificate application · construction certificate application section c. description...

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