When changes are made to buildings or new projects are started, it is important that the effects of those activities on the community as a whole are taken into account. Part of Council’s role involves deciding what buildings are permissible within its area, what the impact on the environment and neighbours could be (such as noise, traffic, shadowing, trees being removed), and how the building can be used according to the appropriate Council controls. This may apply to a big project such as a new supermarket, a factory becoming an office, or something smaller such as a new pool in a backyard. Council needs to know and approve certain building activities and uses through the lodging of a Development Application (DA). Most of the time residents surrounding the proposed development are notified of building plans and are able to lodge a submission for or against the application.
After a development application is approved, a Construction Certificate is needed before building actually begins. A Construction Certificate is an approval that:
-Makes sure that the detailed construction plans and specifications comply with the Building Code of Australia (BCA) and any other relevant Australian standard.
-Certifies that the detailed construction plans and specifications are consistent with the Development Consent.
-Certifies that the relevant development consent conditions have been complied with.
-Certifies that all necessary contributions and fees have been paid.
A Construction Certificate can be issued by Council or a private Accredited Certifier. If issued by a private Accredited Certifier, a copy of the certificate, associated plans and specifications must be forwarded to Council within two days after the date of determination. Once you have development consent and have then obtained a Construction Certificate, you need to appoint a Principal Certifying Authority (PCA) before starting work. A PCA is either Council or a private Accredited Certifier who oversees the construction or subdivision process. Council must be told who has been appointed PCA at least two days before building starts.
If you would like assistance or legal advice in relation to a development application with Willoughby Council please do not hesitate to contact us. We provide legal advice, information and services in this area.