The construction process
Once your Development Application is approved and before any building works start, you must:
- have a Construction Certificate
- appoint a principal certifier to undertake inspections during construction.
A Construction Certificate is an approval that certifies that:
- the specified plans and specifications will comply with the Building Code of Australia (BCA), including relevant associated structural standards and codes
- the detailed construction plans and specifications are 'not inconsistent' with the development consent
- all 'prior to issue of Construction Certificate' conditions of the development consent have been satisfied.
This flowchart shows the major steps in the construction process:
Council's Certification Team issue Construction Certificates. You can also obtain a Construction Certificate (CC) from a private registered certifier that has appropriate registration from NSW Fair Trading.
Once you have applied for your CC and it has been issued, your building works can then start. During construction your principal certifier is required to undertake critical stage inspections, ie, building compliance inspections.
This page provides a general overview of the construction approval and inspection process. This information is a guide only and does not cover every scenario. Processes may vary for some developments, based on legislative requirements.
If you are continuing to the construction stage and proposing to lodge a Construction Certificate Application with Council, and you appoint Council as your principal certifier, you should follow the steps detailed on this page.
Step 1: Applying for a Construction Certificate
A Construction Certificate (CC) is required after development consent is issued and before any work is carried out.
A CC is a type of building approval that certifies the proposed work will comply with the Building Code of Australia (BCA), relevant standards and matters specified in a development consent and relevant legislation.
A CC Application may be lodged at the same time as your Development Application (DA) or at any time after the lodgement of the DA. Lodging the CC Application concurrently will improve the processing time of the CC as Council's registered certifiers will be able to undertake an assessment of your proposal while the DA is being assessed.
To apply to Council for your CC, please complete the application form below and return it to Council along with your plans, the relevant application fee, and specifications and construction detail:
You can phone or email Council's Development Help Desk to obtain a fee quote for lodgement of your application:
- T: 02 4474 1231
- E: Council's Development Help Desk
You can lodge your Construction Certificate Application with Council's Development Help Desk:
- in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya
between 8.30am and 4.30pm.
Please arrive before 4pm so there is enough time to thoroughly check and lodge your application.
Please make sure you have your completed application form and required copies of plans and documents with you. You will also need to pay your application fees at the time of lodgement.
- by email: Council's Development Help Desk.
- by post: Development Help Desk, Eurobodalla Shire Council, PO Box 99 Moruya NSW 2537.
Please include your payment with your application to avoid delay in lodgement.
A development consent and CC are not required where an application for a Complying Development Certificate (CDC) is made.
Complying development is a type of approval for development that meets all of the relevant standards in The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Building Regulation and other relevant legislation has been satisfied.
A CDC is also required before commencement of works.
Step 2: Assessment of the Construction Certification Application
Once lodged, your Construction Certificate Application goes through an initial review and is assigned to a registered certifier. The registered certifier will then check the Construction Certificate Application and ensure they are satisfied that:
- the Construction Certificate (CC) plans and specifications are consistent with the development consent
- the development complies with the Building Code of Australia (BCA) and all relevant technical standards
- the required conditions of development consent have been complied with. For example, provision of security deposits, BASIX energy efficiency and water saving requirements, preparation and submission of specialist details and reports, or any other matters required to be submitted with the CC
- all fees and development contributions have been paid.
You will be advised if further information is required prior to determination of the CC.
Step 3: Prior to the issue of a Construction Certificate
The following items may be required prior to the issue of a Construction Certificate (CC), if applicable to your application, and you can submit the information any time prior to determination to prevent delay in the issuing of your approval.
Section 7.11 (previously Section 94), 7.12 (previously Section 94A) and 64 contributions
Development contributions are payments made by developers to Council for the provision of public infrastructure. The contributions allow us to provide public amenities and services to meet the increased demands created by the new development. These can include shared pathways, libraries or roads.
The types of contributions that could be required as part of a development for certain proposals are: Section 7.11, Section 7.12 and 64 contributions. These are required to be paid prior to the release of the CC.
For further information relating to Section 7.11, 7.12 and 64 contributions and how they are calculated, please refer our development contributions page.
Long service levy
The NSW Government has placed 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 as determined by the consent/certifying authority. The building applicant, or the person for whom the work is being done, is liable to pay the levy.
Council is an agent for long service levy payment collections and we encourage you to pay the levy when lodging your CC.
Conditions of consent
It is important to carefully read your development consent as there may be conditions that need to be addressed prior to the issue of the Construction Certificate. These conditions are listed in the development consent under the heading 'Prior to the Issue of the Construction Certificate'.
The conditions will specify the matters that are required to be addressed or the information that is required to be lodged. Your Construction Certificate cannot be issued until these specific conditions have been met.
Step 4: Council issues a Construction Certificate
If all of the items have been addressed in Step 3, including the conditions of development consent, you will be sent formal determination and a Construction Certificate (CC) in accordance with the provisions of the NSW Environmental Planning and Assessment Act 1979. You will also receive a copy of the stamped approved plans and specifications with your CC.
The Construction Certificate lapses with the development consent under which it was issued unless building work is physically commenced before the development consent lapses.
Step 5: Appointing Council as the principal certifier
When you nominate Council as the principal certifier, Council is required to inspect the building work during the construction to ensure it complies with the development consent, Construction Certificate and other relevant legislation.
Generally, you will have appointed Council as the principal certifier at the time of your application for the Construction Certificate. If so, you will receive a separate letter enclosed with your CC identifying required inspections, including critical stage inspections - refer to step 7. Please note that if critical stage inspections are not undertaken, the law prevents the issue of an Occupation Certificate.
If you already have a CC issued by another registered certifier and wish to appoint Council as the principal certifier, please complete the nomination on the Application for Certificates and Appointment of Principal Certifier for Building Works form referred to in Step 1 and lodge with Council.
Step 6: Notifying Council before construction starts
You must notify Council of your intention to commence works at least two days before any building works start. This must be a formal, written notification that includes details of the date on which the work is intended to commence:
- Notice to Council of Intention to Commence Work - Construction Certificate/Complying Development Certificate (1.7MB)
You must also provide the following information to Council before construction starts:
If you appoint a builder to undertake your residential works, Council will require the builder's name, address and NSW licence number.
Home Building Compensation Fund
If you appoint a builder and your residential works exceed $20,000, your builder is required to obtain a certificate of insurance under the Home Building Compensation Fund and you will need to provide a copy of this certificate to Council. This certificate must show the correct property details to which the certificate relates and identify all work covered under the building contract eg, swimming pool and dwelling.
Should you choose to complete the work as an owner-builder, and your residential works exceed $10,000, you must obtain an Owner-Builder Permit from NSW Fair Trading, and submit a copy to Council.
Permits must show the correct property details to which the Permit relates and Council's Development Application number.
For any enquiries relating to the issue of an Owner-Builder Permit, phone NSW Fair Trading on 13 32 20, or visit the NSW Fair Trading website.
Step 7: Ensuring your principal certifier conducts critical stage inspections
The Environmental Planning & Assessment Act 1979 specifies critical stage inspections that are mandatory and, if missed, you may not be able to get an Occupation Certificate. You need to be aware of these inspections and ensure they are conducted at the appropriate time.
Council will provide a letter (usually with your Construction Certificate) that includes a list of the mandatory inspections required throughout the construction of the building.
How do I book an inspection?
Either the contractor (builder) or the owner-builder can request inspections from Council by contacting us at least 24 hours before an inspection is required by:
- phoning 02 4474 7444 (approvals)
- using our online booking request form.
For both of these methods, you will need to provide the following information:
- the Development Application (DA) or Construction Certificate (CC) number
- the development site address
- the owner's name
- the type of inspection required, eg, footing, frame, wet area
- the date the inspection is required
- the site contact name and number.
Please note that we cannot guarantee any inspection time preferences at the time of booking. Should a specific time or morning inspection be required, please phone on the morning of the scheduled inspection and ask to speak to the registered certifier directly regarding your time preference.
If you have appointed a private registered certifier as your principal certifier, you will need to contact your certifier to confirm when and how to book your critical stage inspections. Council is still required to undertake all plumbing inspections.
Please ensure that you continue to monitor the conditions of your consent during the various stages of construction.
Step 8: Principal certifier issues an Occupation Certificate
An Occupation Certificate is required prior to the occupation or use of any building and must be issued by the principal certifier. The Occupation Certificate verifies that the principal certifier is satisfied that the building is suitable to occupy or use in accordance with the relevant Building Code of Australia (BCA) classification and development consent conditions.
Before issuing an Occupation Certificate your principal certifier will consider the structural adequacy, fire safety and the health, safety and amenity of future occupants of the building. The principal certifier must also ensure that relevant development consent conditions and other regulatory requirements have been complied with.
The principal certifier may issue an Interim Occupation Certificate for the whole or any part of the building prior to the completion of all works. This may be utilised when the development is being conducted in stages.
A Final Occupation Certificate cannot be issued until all critical stage inspections have been undertaken, including a final inspection. You can apply for an Occupation Certificate at any time during the construction process if you nominated Council as your principal certifier. However, Council will not issue the certificate until a satisfactory final plumbing and drainage inspection has been undertaken.
You can apply for an Occupation Certificate by completing the application:
Send your completed application:
- by email: Council's Development Admin staff, or
- by post: Development Admin, Eurobodalla Shire Council, PO Box 99 Moruya NSW 2537.
We can help you
For more information, contact our Development Help Desk:
- T: 02 4474 1231
- E: Council's Development Help Desk