Building & Drafting FAQ
Building design and drafting faqs.
Unauthorised building works often come to Council’s attention during the property exchange process, or when Council receives a complaint by a neighbour or other interested party. Once Council becomes aware of Council would take actions to it including penalty notices, orders and legal proceedings.
In certain circumstances Council may give favourable consideration to a building certificate application which may allow an unauthorised structure to remain. The applicant has to clearly demonstrate that the structure is sound and complies with the Building Code of Australia.
If an application for a building certificate is made the applicant needs to provide, as a minimum, the following: Payment of an application fee and additional fees (equivalent to application fees that would have been payable if a Development application, Construction Certificate or Complying Development Certificate had been lodged prior to construction).
Submission of a site plan, elevations, floor plan and a sectional diagram of the structure. Submission of structural engineer’s certification for the unauthorised structure. Submission of a Survey Identification Report prepared by a registered Surveyor.
Complying Development is development, which must comply with a set of standards set by Council. With this type of Development a Complying Development Certificate application needs to be submitted to Council or an Accredited Certifier for approval.
If a Complying Development Certificate is obtained, the applicant does not have to go through the Development Application process and does not have to apply for a Construction Certificate. The Complying Development Certificate serves as both.
A construction certificate is an approval that certifies that the proposed building or subdivision work will comply with technical requirements such as the Building Code of Australia and Australian Standards. The construction certificate also certifies that any relevant conditions of development consent have been satisfied.
A construction certificate cannot be issued unless;
– The design and construction of the building (as shown in the construction certificate application and plans) is consistent with the development consent
– The proposed building will comply with the Building Code of Australia (BCA)
– The relevant conditions of the development consent have been complied with (i.e. provision of security deposits, payment of monetary contributions, compliance with conditions requiring modifications to the development or compliance with matters to be submitted to the council for assessment and determination); and
– A number of other relevant legislative provisions have been met
Conditions of consent cannot be imposed on a construction certificate. Therefore, plans and specifications must be fully detailed. These plans and specifications must comply with the development consent and they must show compliance with the relevant provisions of the Building Code of Australia and Australian Standards. A copy of the certificate and associated plans and specifications must be forwarded to council within seven days.
Where your proposal cannot be treated as exempt or complying development, you normally need to lodge a development application with your local Council. Development that needs consent cannot legally be started unless the council grants development consent first.
A Development Application (DA) is a formal request for permission to carry out proposed development. Development is legally defined as: the erection, including alteration in whole or part, of a building;
– Work in, on, over, or under land
– The use of land or of a building
– The subdivision of land or
– The strata subdivision of a building.
Generally a DA consists of an application form and plans and drawings of the proposed development.
The Occupation Certificate authorises the occupation and use of a new or altered building or, the occupation of “a change in building use” for an existing building.
Only the nominated PCA can issue an Occupation Certificate. Prior to issuing an occupation certificate, the PCA must be satisfied that the construction works satisfy certain legislative requirements, such as the Building Code of Australia and that the building or nominated part of the building is suitable for occupation.
Key considerations are structural adequacy, fire safety and the health, safety and amenity of future occupants of the building.
Compliance Certificates are certificates that are issued for particular parts of building work. For instance, a Compliance Certificate can be issued by an accredited engineer on footing construction to the effect that the footings are structurally adequate.
Compliance Certificates can also be issued certifying that conditions of consent have been complied with.
What is Accredited Certifier, Principal Certifying Authority (PCA)?
Accredited Certifier is responsible for issuing the Construction Certificate. This involves assessing the submitted information and supplying the approval to start building.
The Principal Certifying Authority (PCA) is responsible for inspecting building work during the construction phase of development. This is to ensure that the work is consistent with the development consent and construction certificate and to enable the issuing of an occupation certificate when the work is complete.
