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BUILDING & DEVELOPMENT
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Certificates

Construction Certificates
Any building or structural work requires a Construction Certificate (previously a Building Application) as well as development consent. A Construction Certificate certifies that your development complies with the Building Code of Australia (BCA), and that your plans and specifications are consistent with the development consent.

A Construction Certificate is required before work commences, and can be issued by Council or obtained from a private accredited certifier. We recommend you lodge the Construction Certificate application with Council, together with your Development Application, as we are able to meet specific customer needs and, in many cases, Council can offer a discount when the DA and Construction Certificate is lodged concurrently. Also, for some minor work, we may be able to issue your Construction Certificate at the same time as approving your DA.

Occupation Certificates
Once development consent is granted and a Construction Certificate has been issued the final stage of the regulatory process (unless you are subdividing) is to obtain a final Occupation Certificate that certifies whether the building is fit for the approved use. It is the role of a Principal Certifying Authority to oversee the construction works, inspect each completed stage and finally issue an Occupation Certificate. A Principal Certifying Authority needs to be appointed prior to the commencement of works.

Whether Council is nominated as the Principal Certifying Authority or not you will need to notify Council of your appointed Principal Certifying Authority and the date of commencement of works not less than 2 days prior to commencement.

Building Certificates
This is a certificate issued under Section 149D of the Environmental Planning and Assessment (EP&A) Act 1979. A certificate may apply to the whole or to part only of a building. A Building Certificate is usually requested for properties that are for sale. An application for a building certificate may be made by the owner, a person having consent from the owner of that land or the purchase under contract for sale of the property.

A Building Certificate operates for a period of seven (7) years. It prevents Council from making an order (or taking proceedings for the making of an order or injunction) under the EP&A Act 1979 or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt.

However, Council may:

  1. Make an order No6 to ensure or promote adequate fire safety or fire safety awareness in a building
  2. Take proceedings against any person to obtain development consent with respect to the erection or use of a building
  3. To comply with the conditions of consent


Sale of Property
Obtaining a Building Certificate means that Council will not issue an order to repair, demolish or rebuild for 7 years after determination under the condition that the premises are in a satisfactory state and have not deteriorated. Council may still issue orders to ensure adequate fire safety in a building, even if a Building Certificate exists already.

A Building Certificate is useful when you are purchasing or have purchased a property and would like to check if Council has approved works carried out on the property. Council will inspect the property to determine compliance.

Works As Executed
This is a certificate issued under Section 149D of the EP&A Act 1979. A certificate may apply to the whole or to part only of a building. This may be used to regulate building works that may have been built without council approval. Council may require the applicant to supply it with such information (including building plans, specifications, survey reports and certificates) as may be reasonably necessary to enable the proper assessment and determination of the application.

Outstanding Notices or Orders
An application can be made to Council for a certificate which outlines whether any outstanding notices or orders have been issued for properties in Rockdale City Council's Local Government Area.


Additional information
: Building Professionals Board

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