Development and building
Do I need approval to carry out my building works?
Exempt and complying development
Before you carry out any development or building works, you need to determine what approvals are required.
A Development Application (DA) is needed for most development in Eurobodalla Shire. However, a DA is not always necessary and you may be able to do some minor works as 'exempt development', which does not need Council approval, or as 'complying development', which is a form of planning and building approval that can be issued by an Accredited Certifier or Council.
Types of 'exempt development' may include:
- access ramps
- advertising and signage
- balconies, decks, patios, pergolas, terraces and verandahs
- minor building alterations (internal)
- screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
- swimming pools and spas (portable)
- temporary uses and structures.
You can refer to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) for more detailed information about exempt and complying development, and Council's web pages:
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
- exempt and complying development
- complying development process.
If your development does not meet the requirements for 'exempt development', it is an offence under the Environmental Planning and Assessment Act 1979 to carry out development (ie, building work or use) without obtaining the required development consent from Council. You may need to lodge a Development Application (DA).
Once you have a Complying Development Certificate (CDC) or Construction Certificate (CC) (following the issue of development consent), you need to appoint a Principal Certifying Authority (PCA) before you start any building works (either Council or a private Accredited Certifier).
When a PCA is appointed, they take responsibility for the development site; they are required to carry out inspections of the development at certain stages, check compliance with the relevant approvals and certificates, and issue an Occupation Certificate upon completion of the development.
If you have an enquiry or complaint about building work which is being, or has been, certified by a private Accredited Certifier, you should contact the PCA direct for investigation and appropriate action.
If you have a complaint about the conduct or actions of a PCA, you need to contact the Building Professionals Board (BPB), who is responsible for the regulation of PCAs, on:
- T: 8522 7800
- W: Building Professionals Board.
Compliance and enforcement
Council's Compliance Policy provides details about Council's regulatory and enforcement actions, considerations and processes.
Our Compliance Policy outlines Council's regulatory approach in a transparent manner. This enables Council's regulatory actions to be applied in a consistent way appropriate to the nature, extent and severity of the breach or offence.
You can view Council's Compliance Policy below:
It is an offence for building work to be carried out which does not substantially comply with the approved plans and/or conditions of consent, CDC or CC (refer to Step 3: prior to the issue of a Construction Certificate), or for which development consent has not been obtained. Council can issue notices, orders or fines, or commence legal proceedings to rectify the non-compliance.
These offences are taken seriously by Council as they can result in sub-standard construction and may have a detrimental impact upon the safety and/or amenity of occupants and nearby residents.
How do I report another person's illegal or non-complying building works?
If you have an enquiry or complaint relating to non-compliance with a development consent or Complying Development Certificate, you should make contact with the Principal Certifying Authority (PCA) for the development (either Council or a private Accredited Certifier). The name and contact details of the PCA should be provided on a sign at the front of the development site.
Enquiries or complaints relating to illegal building work or use of a premises may also be made directly to Council at:
- T: 4474 1019
- E: Council
We can help you
If you need more information about development non-compliance, please contact Council:
- T: 4474 1000
- E: Council