banner image

The construction process

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

  • have a Construction Certificate (CC)
  • 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.

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

Use the NSW Planning Portal from 1 July 2021

From 1 July 2021, applications such as development applications and post-consent certificates must be lodged via the NSW Government's Planning Portal. From 1 July 2021 the NSW Planning Portal is the only way you can lodge these applications.

NSW Planning Portal: frequently asked questions

Find answers to all of your questions about lodging certain planning applications online through the NSW Planning Portal:

Guide to the construction process

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.

Once you have received development consent, you need to read the conditions that will outline what must be completed before, during and after construction of your development.

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.

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.

Under the Building and Development Certifiers Regulation 2020, you must now enter into a Contract for Certification Work when you apply for:

  • Construction-related applications
  • Complying Development Certificate (CDC) application
  • Appointment of Principal Certifier
  • Occupation Certificate
  • Compliance Certificate.

Lodgement

From 1 July 2021, across NSW it is mandatory to lodge certain applications - such as CCs, on the NSW Planning Portal.

Quick reference guide

The Department of Planning, Industry and Environment also has a range of resources and quick reference guides on the NSW Planning Portal to guide you through the lodgement process:

You can also read Eurobodalla Council's answers to frequently asked questions about lodging applications through the NSW Planning Portal specifically for Eurobodalla customers:

Prepare all required documents

There are various supporting documents that are required to be lodged with your CC. You will need to have your supporting documents prepared, which include your plans, specifications and construction detail, ready to upload with your application on the Planning Portal.

In addition to the documents referred to in the checklist on this page, you need to also complete:

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

You will also need to complete a Contract for Certification Work (Council document) and lodge this with your application through the NSW Planning Portal:

Checklists

Make sure you have addressed all of the requirements detailed in the relevant checklist and have your supporting documents ready to upload with your CC:

You will need to prepare all of your supporting documents as separate PDFs.

Lodge your application electronically

Once you have prepared your supporting documents, you can lodge your CC on the NSW Planning Portal:

Your application may be reviewed by our pre-assessment team and you will be notified of the outcome. If your application is accepted, you will be issued with an invoice for the CC application fee.

Before you lodge your CC it is important that all of your supporting document requirements have been addressed, as you may be charged another portal service fee if you are required to re-submit your application.

Please note that portal service fees are issued by the NSW Government to support the ongoing maintenance and delivery of the NSW Planning Portal. Fees payable through the ServiceNSW gateway may incur a surcharge depending on the payment method.

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

  • T:  1300 305 695.

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 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.

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.

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.

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.

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:

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

Builder's details

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.

Owner-Builder Permit

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.

Once your Construction Certificate has been issued, your building works can commence.

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 carried out 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:

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.

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. The Code sets the standards for the design and construction of different classes of buildings to protect health, safety and amenity.

Occupation Certificates are not required for buildings which are exempt development.

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.

There are two types of Occupation Certificates:

  • An Occupation Certificate allows commencement of either 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.
  • A Partial Occupation Certificate allows commencement of either 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 Occupation Certificate is issued, an Occupation Certificate is still required when all building work or the change of use is complete. An Occupation Certificate revokes any Occupation Certificate issued previously.

An Occupation Certificate cannot be issued until all critical stage inspections have been carried out, 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.

Lodgement

From 1 July 2021, across NSW it is mandatory to lodge certain applications, such as Occupation Certificates, on the NSW Planning Portal.

The Department of Planning, Industry and Environment has a range of resources and quick reference guides on the NSW Planning Portal to guide you through the lodgement process:

You can also read Eurobodalla Council's answers to frequently asked questions about lodging applications through the NSW Planning Portal specifically for Eurobodalla customers:

Prepare required documents

Before you apply for an Occupation Certificate, you need to also complete:

Checklist

Make sure you have addressed all of the requirements detailed in the checklist and have your supporting documents ready to upload with your Occupation Certificate application:

You will need to prepare all required supporting documents as separate PDFs.

Before you lodge your Occupation Certificate application it is important that all of your supporting document requirements have been addressed, as you may be charged another portal service fee if you are required to re-submit your application.

Please note that portal service fees are issued by the NSW Government to support the ongoing maintenance and delivery of the NSW Planning Portal. Fees payable through the ServiceNSW gateway may incur a surcharge depending on the payment method.

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

  • T:  1300 305 695.

Lodge your application electronically

You will need to lodge your Application for Occupation Certificate and supporting documents on the NSW Planning Portal:

Your application will be reviewed by your principal certifier and you will be notified of the outcome. If your application is accepted, you will be issued with an invoice for the application fee.

Pay your application fee

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

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: