If your proposal involves construction works (and cannot be carried out as complying development), then you will need to lodge a Construction Certificate Application. You are not able to commence any form of construction until you have received Development Consent and a Construction Certificate. A Construction Certificate can be approved and issued by Cowra Council or a Private Certifier.
So what is a Construction Certificate? A Construction Certificate is an approval that certifies that your proposed development, if completed in accordance with your plans and specifications, will comply with the Building Code of Australia (BCA) including relevant associated structural standards and codes.
If you need to submit a Construction Certificate Application, you will need to follow a sequence of steps contained in the following six stages:
The Six Stages of a Construction Certificate
Lodging the Construction Certificate Application and Development Application at the same time will improve the processing time of the Construction Certificate. This is because the Construction Certificate can be assessed at the same time as your Development Application. A Construction Certificate cannot however be issued unless the Development Application has been determined, and the Construction Certificate is consistent with the development consent.
A Construction Certificate Application must include:
- Complies with the Building Code of Australia.
- Is consistent with the plans approved under the Development Consent.
- Complies with any conditions included on the Development Consent.
- Complies with any BASIX commitments.
- Complies with other Construction Certificate submission requirements.
Council will require the builders name, address and NSW licence number for all residential work. This is not required if you are completing the construction project as an Owner Builder.
Home Owners Warranty Insurance
All residential work exceeding $20,000 in value requires a Certificate of Home Owner’s Warranty Insurance. A copy of your insurance must be submitted to Council. It is important that the Insurance Certificate shows the correct property details and identifies all work covered under the Building Contract (e.g. Dwelling AND swimming pool).
Owner Builders Permit
If you choose to complete work as an owner-builder, an owner-builder permit is to be obtained from the Department of Fair Trading and a copy submitted to Council for all residential building work exceeding $10,000 in value. Permits must show the correct property details and Council application number to which the permit relates. This application number is provided on lodgement of the Construction Certificate.
If the building work exceeds $20,000, an owner-builder will be required to complete an approved owner-builder course, or have the approved equivalent qualitfications. For further details, please see the Department of Fair Trading Website.
Long Service Levy
The NSW Government has put a levy on all building and construction work valued at $25,000 or more (inclusive of GST). The levy rate is 0.35% of the total cost of the work. The building applicant or the person for whom the work is being done is liable to pay the levy.
Council is the agent for the collection for long service levy payments and can accept payments only where a Construction Certificate Application is lodged. You are encouraged to pay the levy when lodging your Construction Certificate Application, if you choose to pay direct to the Long Service Levy Payments Corporation, Council will require proof of payment.
If you are an owner-builder, non profit organisation or church you may be liable for a partial exemption. Please contact Council on (02) 6340 2040 for further information.
Section 94, 94A and 64 Contributions
It is important that you read your Development Consent to determine whether you are liable to pay Council any contributions. These contributions must be paid to Council prior to the issue of the Construction Certificate. Further information relating to contributions can be obtained in the Developer Contributions section of this website.
Compliance with conditions of consent
It is important that you carefully read your development consent and ensure that all required conditions have been met prior to lodging your Construction Certificate Application. Council will not issue the Construction Certificate until these specific conditions have been satisfied. If you are unsure as to what conditions need to be satisfied prior to the issue of your Construction Certificate, please contact Council on (02) 6340 2040.
- Make sure you have your Development Consent. Read the document and comply with the conditions at all times.
- Make sure you have your Construction Certificate.
- Make sure you have appointed a Principle Certifying Authority. See FAQs below for further explanation.
- Make sure your Notice of Commencement & Appointment of PCA form has been submitted.
- Make sure that the required signage has been provided to identify the site, builder’s information, PCA etc.
- Make sure that a builder’s toilet is available in accordance with Work Cover Requirements.
- Make sure provisions have been made for construction waste.
- Make sure all environment controls are in place. For demolition, excavation or building work, this can include:
- Occupational Health and Safety and public safety
- Waste management
- Soil and erosion controls
- Limiting hours of construction work involving noisy activities.
Interim Occupation Certificate
An Interim Occupation Certificate can be issued if the building is fit for occupation but there are still outstanding matters to be addressed. These matters must be addressed within the designated timeframe stated on the Interim Occupation Certificate. The building must be reinspection before a Final Occupation Certificate can be issued.
Final Occupation Certificate
A Final Occupation Certificate is issued by the Principal Certifying Authority and certifies that:
- A development consent is in force with respect to the building.
- A construction certificate has been issued with respect to the plans and specifications for the building.
- The building is suitable for occupation or use in accordance with its classification under the Building of Australia.
- When required, a final fire safety certificate has been issued for the building.
- When required, a report from the Commissioner of Fire Brigades has been considered.
It should be noted that an Occupation Certificate is a lawful requirement in the conveyancing process when a property is sold and it is therefore essential that you follow the above process.
An Occupation Certificate Application must be completed and returned to Council.
Council will require a minimum of 48 hours notice prior to the inspection being carried out. This will allow time for the necessary files to be made available for the inspecting officer. Council cannot guarantee an inspection if less than 48 hours notice is provided.
It is essential that you have the following information ready when booking an inspection:
- The Construction Certificate number.
- Job site address.
- The type of inspection that is required (i.e. footings, frame etc).
- The date and time the inspection is required.
- The name of the person requiring the inspection and their phone number.
Generally, the Construction Certificate Fee is made up of:
- Construction Certificate Application Fee
- Inspection Fees
Additional Fees & Approvals
In addition to the application fee and the inspection fees, the following fees and additional approvals may also apply at Construction Certificate stage:
- Long Service Levy fee (where the value of works exceed $25,000)
- Plumbing Drainage fee (if you are proposing to connect to Council’s water, sewer or stormwater)
- On-site Sewage Management fee (if you are proposed to install a septic tank).
Certifying authorities are responsible for the approval and inspection of building works. They issue the certificates you need to build including Complying Development Certificates and Construction Certificates. In most cases, the certifying authority is either the local council or an accredited certifier (private practitioners accredited to act as public officials).
What is a Principal Certifying Authority?
In most cases you will need to engage a particular type of certifying authority known as a principal certifying authority (PCA). The PCA inspects building works during the course of construction to ensure it meets with regulatory requirements. It is the job of the PCA to assess whether the building work complies with approvals and is suitable and safe for occupation.
The PCA needs to be appointed before building works can commence. To do this, you must fill out an Appointment of PCA form and submit this to Council.
Who can nominate a PCA?
The person having the benefit of a development consent or complying development can appoint a PCA.
A contractor or any other person who will carry out the building work or subdivision work cannot appoint a PCA, unless that person is the owner of the land on which the work is to be carried out.
Who can be a Principal Certifying Authority?
Only an accredited certifier or Council can undertaken the functions of a Principal Certifying Authority for your development.
Where can I find further information?
The Building Professionals Board brochure ' Choosing a certifiying authority' contains further information about certifying authorities. Alternatively, you can telephone Council on (02) 6340 2040 and ask to speak to one of Council’s Building Surveyors.