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The construction process

Once your Development Application (DA) is approved and before any building works start, you must:

  • have a Construction Certificate (CC)
  • appoint a principal certifier to carry out inspections during construction.

A CC is an approval that certifies:

  • the plans and specifications will comply with the Building Code of Australia (BCA). This includes relevant associated structural standards and codes
  • the detailed construction plans and specifications are consistent with the development consent
  • all 'prior to issue of CC' conditions of the development consent have been met.

If you intend to lodge a CC application and appoint Council as your principal certifier, you should follow the steps outlined on this page.

Changes to long service levy threshold and rate

From 1 January 2023 the levy exemption threshold increased from $25,000 to $250,000. This means a levy payment is not required where the cost of building and construction work is below $250,000. The levy rate payable also reduced from 0.35% to 0.25%.

Read about the changes

Guide to the construction process

Council's flowchart shows the major steps in the construction process:

The Department of Planning and Environment also explains the steps required to start building:

Once you have received development consent, you need to read the conditions. These conditions outline what you must complete before, during and after construction of your development.

You will need a CC after development consent is issued and before you start any work. A CC is a type of building approval that certifies the proposed work will comply with:

  • the Building Code of Australia (BCA)
  • the relevant standards and matters specified in a development consent and relevant legislation.

A CC application may be lodged at the same time as the DA or at any time after you lodge the DA.

A DA and CC are not required if an application for a Complying Development Certificate (CDC) is lodged.

Complying development is a type of approval for development that:

A CDC is also required before you start any works.

Under the Regulation, you must now enter into a Contract for Certification Work when you apply for:

  • Construction-related applications
  • CDC
  • Appointment of Principal Certifier
  • Occupation Certificate
  • Compliance Certificate.

Prepare your supporting documents

From 1 July 2021 the NSW Government made the online lodgement of certain applications such as CCs, mandatory on the NSW Planning Portal.

There are various supporting documents that you will need to lodge with your CC:

You will need to appoint Council or a private registered certifier to assess your CC and act as the principal certifier for your development.

Lodge your CC

Step 1: prepare to upload your supporting documents

Once you have prepared the supporting documents outlined on this page, you will need to save them as separate PDFs ready to upload with your CC on the NSW Planning Portal.

Step 2: address all requirements in the checklist

You will need to address all requirements outlined in the relevant checklist:

This is important so that you're not charged another portal service fee to re-submit your CC. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.

Please note that fees payable through the ServiceNSW gateway may incur a surcharge.

If you have any queries about portal service fees, please contact ServiceNSW:

  • T: 1300 305 695.

Step 3: lodge your CC and supporting documents on the NSW Planning Portal

Council's Pre-Assessment Team will review your application and notify you of the outcome.

Council will issue you with an invoice for the CC application fee if we accept your application.

Step 4: pay your application fee

Once you receive an invoice for the CC application fee, you will need to pay the fee by following one of the payment options detailed on the invoice.

Once you lodge your CC application it is reviewed and assigned to a registered certifier. The certifier will then check the CC application and ensure that:

  • the 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
  • you have complied with the required conditions of development consent. 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 you are required to lodge with your CC
    • payment of all fees and development contributions.

If further information is required before the certifier determines the CC, Council will contact you.

You may need to pay Section 7.11 (previously Section 94), 7.12 (previously Section 94A) and 64 contributions, and the long service levy.

If these charges apply to your development, you will need to make payment before Council can determine the CC. This is important to prevent delay of your approval.

Section 7.11, 7.12 and 64 contributions

Development contributions (Section 7.11, 7.12 and 64) are payments made by developers to Council for the provision of public infrastructure. The contributions allow Council to provide public amenities and services to meet the increased demands created by the new development. These can include shared pathways, libraries or roads.

For further information about these contributions and how they're calculated, refer to our development contributions page.

Long service levy

The NSW Government has placed a levy on all building and construction work valued at $250,000 or more (inclusive of GST). The levy rate is 0.25% of the total cost of the work as determined by the consent/principal certifier. The 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 you lodge your CC.

Conditions of consent

It is important that you read your development consent as there may be conditions you will need to address before Council issues your CC. You will find these conditions in the development consent under the heading 'Prior to the Issue of the CC'. The conditions will specify the matters you will need to address or information required. Council cannot issue your CC until these specific conditions have been met.

If you have addressed all items in Step 3, Council will issue a formal determination and CC in accordance with the provisions of the NSW Environmental Planning and Assessment Act 1979. Council will also send a copy of the stamped approved plans and specifications with your CC.

The CC will lapse with the development consent, unless building work is physically commenced before the development consent lapses.

When you appoint Council as the principal certifier, Council is required to inspect the building work during construction to ensure it complies with the development consent, CC and other relevant legislation.

Generally, you would appoint Council as the principal certifier at the time you lodge your CC application. If this occurs, we will send you a separate letter enclosed with your CC identifying the required inspections, including critical stage inspections (refer to step 7). Please note that if critical stage inspections are not carried out, the law prevents the issue of an Occupation Certificate.

You must notify Council of your intention to start works at least two days before any building works. You can do this via the NSW Planning Portal.

You must also provide the following information to Council before construction starts.

Builder's details

If you appoint a builder to carry out your residential works, Council will need 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 will need to obtain a certificate of insurance under the Home Building Compensation Fund. You will also need to provide a copy of this certificate to Council. The certificate must show the correct property details and specify all work covered under the building contract eg, swimming pool and dwelling.

Owner-Builder Permit

If you decide 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. You will also need to provide a copy of your permit to Council.

Your permit must show the correct property details and the DA number.

For all enquiries relating to the issue of an Owner-Builder Permit, contact NSW Fair Trading on:

Your building works can start once Council issues your CC.

The Environmental Planning & Assessment Act 1979 specifies critical stage inspections that are mandatory. If these inspections are not carried out at the appropriate time, you may not be able to get an Occupation Certificate.

Council will provide a letter with your CC that includes a list of the mandatory inspections required throughout construction of the building.

How do I book an inspection?

The contractor (builder) or the owner-builder can request inspections from Council. Please contact us at least 24 hours before the required inspection by:

For both of these methods, you will need to provide the:

  • DA or CC number
  • development site address
  • owner's name
  • type of inspection required, eg, footing, frame, wet area
  • date the inspection is required
  • site contact name and number.

Please note we cannot guarantee any inspection time preferences when you book. Should you need a specific time, ie, morning inspection, please call on the morning of the scheduled inspection and speak to the registered certifier.

If you have appointed a private certifier, you will need to contact them to confirm when and how to book your critical stage inspections. Council is still required to carry out all plumbing inspections.

Please ensure that you continue to monitor the conditions of your consent during the various stages of construction.

You will need to obtain an OC before you occupy or use any part of the building. The principal certifier must issue the OC. The OC verifies the principal certifier is satisfied that the building is suitable to occupy or use in accordance with the:

The BCA sets the standards for the design and construction of different classes of buildings.

OCs are not required for buildings which are exempt development.

Before your principal certifier issues the OC they will consider the:

  • structural adequacy
  • fire safety
  • 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.

There are two types of OCs:

  • OC: Allows the occupation or use of a new building (including alterations/extensions), or the new use of an existing building resulting from a change in its use.
  • Partial OC: Allows the occupation or use of a partially completed building, or of a new use of part of an existing building resulting from a change of use of the building. If a partial OC is issued, an OC is still required when all building work or the change of use is complete. An OC revokes any OC issued previously.

The principal certifier cannot issue an OC until all critical stage inspections have been carried out. This includes the final inspection.

If you appointed Council as your principal certifier, you can apply for an OC at any time during the construction process. Council cannot issue the OC until a satisfactory final plumbing and drainage inspection has been carried out.

Prepare your supporting documents

From 1 July 2021 the NSW Government made the online lodgement of certain applications such as OCs, mandatory on the NSW Planning Portal.

You will need to prepare supporting documents to lodge with your OC. These include:

Lodge your OC

Step 1: prepare to upload your supporting documents

Once you have prepared the supporting documents outlined on this page, you will need to save them as separate PDFs ready to upload with your OC on the NSW Planning Portal.

Step 2: address all requirements in the checklist

You will need to address all requirements outlined in the checklist:

This is important so that you're not charged another portal service fee to re-submit your OC. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.

Please note that fees payable through the ServiceNSW gateway may incur a surcharge.

If you have any queries about portal service fees, please contact ServiceNSW:

  • T:  1300 305 695.

Step 3: lodge your OC and supporting documents on the NSW Planning Portal

Your principal certifier will review your application and notify you of the outcome.

Council will issue you with an invoice for the OC application fee if we accept your application.

Step 4: pay your application fee

Once you receive an invoice for the OC application fee, you will need to pay the fee by following one of the payment options detailed on the invoice.

Resources to help you lodge your CC on the Planning Portal

The Department of Planning and Environment has a range of resources to guide you through the CC lodgement process:

You can also get Council's answers to frequently asked questions about lodging CCs through the NSW Planning Portal. This information relates to Eurobodalla customers:

We can help you

For assistance using the NSW Planning Portal please contact Service NSW:

If you would like to discuss the details of your application or supporting documents you need to lodge, please contact Council's Development Help Desk:

Disclaimer: 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.