Blue Mountains City Council




 

Frequently Asked Questions

 

Do I need an approval for my building work?

You will generally require some form of approval or consent to undertake building work, including the erection, extension, addition/alteration or re-building of a building or structure, unless the work is classified as 'exempt' development under Council's Development Control Plan No 33 - Exempt and Complying Development or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

What is a Development Application?

A development application is an application lodged with a consent authority (generally your local Council for most domestic type building work), that seeks consent to undertake development on land, including building work.

What is a Construction Certificate?

A construction certificate is a type of building approval issued by either the Council or a private accredited certifier that certifies that the proposed building or subdivision work:

  • Is not 'inconsistent' with the terms of the development consent;
  • If carried out in accordance with the plans and specifications referenced in the certificate, will comply with the relevant provisions of the Building Code of Australia (BCA), including relevant associated standards and codes;
  • Any conditions of the development consent that are required to be satisfied prior to the issue of the construction certificate (such as the payment of section 94 contributions, security deposits, bonds), have been duly satisfied; and
  • A number of other legislative requirements have been met, (including where relevant, submission of a fire safety schedule).
  • A construction certificate must be obtained prior to the commencement of building work subject to a development consent (except where the building work is subject to a complying development certificate).

What is a Complying Development Certificate?

A Complying Development Certificate is a form of 'fast track' approval or consent for certain minor types of development nominated as 'complying development' in Council's Development Control Plan No 33 - Exempt and Complying Development or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (or in another environmental planning instrument) There are a number of general and land based requirements specified in the DCP and SEPP that determine whether complying development can be carried out on a site together with specific standards applying to the particular type of development proposed. Further information can be obtained by reviewing either of the above documents by following the links on this website, or by calling one of our Building Surveyors on (02) 4780 5422 to enquire whether your proposal satisfies those requirements.

What is a Principal Certifying Authority or PCA?

The PCA is the person appointed to undertake the mandatory critical stage inspections of the building or subdivision work during construction and, subject to work being satisfactorily completed in accordance with the terms of the development consent or complying development certificate (CDC) and relevant standards, to issue an Occupation or Subdivision Certificate in respect of the development.
In relation to building work, the PCA must determine whether the building complies with the terms of the development consent or CDC and is suitable for occupation in accordance with its classification under the Building Code of Australia before issuing the occupation certificate.

The PCA can only be appointed by the person having the benefit of the consent, usually the owner of the land, and must be appointed prior to building or subdivision commencing. NOTE: The builder cannot appoint the PCA unless they are also the owner of the land.

What is the Building Code of Australia (BCA)?

The Building Code of Australia or BCA is a national code that specifies the technical building requirements or provisions applying to building work. In NSW, the BCA is given statutory weight or 'called up' by the Environmental Planning and Assessment Act as the applicable standard for new building work.

What documents are required to be submitted with my application?

Construction Certificate and Complying Development Certificate Checklists. These are the documents that you need to provide with your application. Click here to access the relevant forms.

What is a Notice of Commencement of Building Works?

A Notice of Commencement of Building Works is a formal notice that the person having the benefit of the consent is required to submit to both Council and the PCA advising of their intention to commence building or subdivision work. The notice is required to be submitted at least two (2) days prior to work commencing.

When can construction work begin on my site?

Construction work can begin two days after a construction/complying development certificate has been issued and you have forwarded the 'Notice of Commencement of Building Work' to Council and to the PCA.

What are Critical Stage Inspections?

Critical stage inspections are those inspections that are required to be carried out of buildings during the course of construction as set down in Clause 162A of the Environmental Planning and Assessment Regulations.

In the case of the erection of a class 1 building (eg a new dwelling, additions and alterations to a dwelling etc) or class 10 building (eg an outbuilding or associated structure such as a garage, shed, deck, pool etc), the occasions on which building work must be inspected are:

  • After excavation for, and prior to the placement of, any footings, and
  • Prior to pouring any in-situ reinforced concrete building element, and
  • Prior to covering of the framework for any floor, wall, roof or other building element, and
  • Prior to covering waterproofing in any wet areas, and
  • Prior to covering any stormwater drainage connections, and
  • After the building work has been completed and prior to any occupation certificate being issued in relation to the building.

In relation to a swimming pool, in addition to the above inspections, the regulations also specify that an inspection is required:

  • After the construction of the swimming pool is completed and the child resisting barrier has been erected and before the pool is filled with water.

There are different mandatory critical stage inspections that apply in relation to class 2-9 buildings. Your PCA will advise of these and other inspections that are required to be carried out following appointment.

The critical stage inspections must be carried out by the Principal Certifying Authority appointed for the building work, or if the PCA agrees, by another certifying authority, except that the last critical stage inspection required to be carried out for the class of building concerned must be carried out by the PCA.

Please note that the above critical stage inspections must be carried out by the PCA or another certifying authority irrespective of whether the building work is also inspected by a consulting structural engineer.

How do I arrange a Critical Stage Inspection?

Inspection enquiries/bookings can be made by contacting our office by:

  • Telephoning (02) 4780 5422 between the hours of 8:30am - 5:00pm, Monday to Friday.
  • An Online Booking service will also be available in 2010.
  • Email certifiers@bmcc.nsw.gov.au
  • Please note:
  • Inspection requests received after 4:00 pm on a working day may not be guaranteed for the following working day;
  • Inspection requests lodged on weekends may not be available for the following Monday.

What is an Occupation Certificate?

An occupation certificate is a certificate that enables an owner or occupier to legally occupy or use a building or part. An occupation certificate may be issued upon a satisfactory final inspection and receipt of the Application for an Occupation Certificate form. There are two (2) types of occupation certificates:

  • Interim Occupation Certificate
    An Interim Occupation Certificate is a certificate issued by the PCA that enables the owner or occupier of a building to occupy a partially completed building or part. In order to issue an interim occupation certificate, the PCA must be satisfied that the building or part is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and that any conditions of consent requiring certain matters to be satisfied prior to issue of the certificate have been duly complied with. Generally, in order for the PCA to be satisfied that a building is suitable for occupation, it will need to be structurally adequate and all health and safety matters such as the erection of stairs/landings, provision of balustrades, installation of smoke detectors and bush fire fighting protection measures will need to be completed and operational.
    Where Blue Mountains Building Certifiers are engaged as the PCA, an application for an Interim Occupation Certificate may be made by submitting a completed occupation form accompanied by the appropriate fee. A copy of the form is available from one of Council's Business and Information Centres, alternatively click here to download.
  • Final Occupation Certificate
    A Final Occupation Certificate is issued upon completion of all building work and certifies that the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and that any conditions of consent requiring certain matters to be satisfied prior to issue of the certificate have been duly complied with.

An occupation certificate must be obtained before a building or part can be occupied or used and can only be issued by the PCA appointed for the building work. The occupation or use of a building or part prior to the issue of an occupation certificate is a breach of the Environmental Planning and Assessment Act and may attract penalties including the possible issue of a Penalty Infringement Notice.

What is the Builder's Long Service Levy?

The Builder's Long Service levy is a levy imposed on all building and construction work with a value of $25,000 and above (inclusive of GST) in New South Wales. The levy is paid by the owners of a building or construction project into a fund administered by the Building and Construction Industry Long Service to provide a portable long service benefit for eligible workers in the building and construction industry. The Levy is payable for building and construction projects costing $25,000 or more (inclusive of GST) and is payable at local councils or at the Corporation.

When do I need Home Warranty Insurance?

Home warranty insurance needs to be provided by:

  • a builder or tradesperson before taking any money (including a deposit) from a home owner (including an owner-builder) under a residential building contract and before starting any work under that contract;
  • a 'spec' builder before starting any residential building work on a property owned by the builder;
  • a developer before entering into a contract for the sale of a property on which a builder is doing or has done residential building work for the developer;
  • an owner-builder (ie. a home owner who did owner-builder work under an owner-builder permit) before entering into a contract for sale of the property on which residential building was done within the previous 6 years;
  • a 'kit home' supplier, before taking any money to supply the kit,

where the contract value of the work exceeds $12,000 or, if the contract price is not known, where the reasonable market cost of the labour and materials involved is over $12,000. For more information, refer to the Home warranty insurance page on the Fair Trading website.

When do I need an Owner Builder Permit?

  • An Owner-Builder's Permit is required if you intend to undertake any building work, (including supervision and co-ordination) involved in the construction of, or alterations, repairs or additions to, a dwelling (which includes a house, terrace, town-house, garage, swimming pool and certain other structures and improvements):
  • where the reasonable market cost (including labour and materials) exceeds $5,000, and
  • which relates to a single dwelling or dual occupancy:
    • that requires development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or
    • that is a complying development within the meaning of that Act.
  • Owner-Builder Permits are issued by the NSW Office of Fair Trading and generally require an applicant to complete an approved Owner Builder's course.

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