Title Page

  • Site of development

  • NSW Planning Portal Reference Number

  • Council reference number (if issued)

  • Conducted on

  • Prepared by

The application

  • Has the application been submitted on the NSW Planning Portal in the required form?

  • Section 7(1) of the EP&A(DCFS) Regulation requires an application for a Construction Certificate to be in the approved form and lodged on the NSW planning portal.

  • Is the applicant a person who is eligible to appoint a principal certifier for the development?

  • Section 7(2) of the EP&A(DCFS) Regulation specifies that an application for a Construction Certificate may ONLY be made by a person who is eligible to appoint a principal certifier for the development.
    Section 6.6 of the EP&A Act requires that the principal certifier must be appointed by (or with the approval of) the person having the benefit of the development consent.
    This does NOT include any contractor or other person who will carry out the building work unless the contractor or other person is the owner of the land on which the work is to be carried out.

  • What class(es) of building does the application include?

  • Is additional information needed to determine the class of the building?

  • What additional detail or information is required to determine the class of the building(s)?

  • Does the development involve building work?

  • If the development does not involve any building work, it is unlikely a Construction Certificate is required.
    Note: Section 6.1 of the EP&A Act defines building work as "any physical activity involved in the erection of a building".
    Section 1.4 of the Act says:
    erection of a building includes—
    (a) the rebuilding of, the making of alterations to, or the enlargement or extension of, a building, or
    (b) the placing or relocating of a building on land, or
    (c) enclosing a public place in connection with the construction of a building, or
    (d) erecting an advertising structure over a public road, or
    (e) extending a balcony, awning, sunshade or similar structure or an essential service pipe beyond the alignment of a public road,
    but does not include any act, matter or thing excluded by the regulations (either generally for the purposes of this Act or only for the purposes of specified provisions of this Act).

    At present (March 2022), the regulations do not provide any exclusions from this definition.

  • Does the proposal indicate any performance solutions to be used?

  • Does Council have a Building surveyor available who is able to carry out the certification work for the development?

Documentation

  • Are all the documents clearly legible and in an appropriate format (e.g. pdf, tiff, to suitable resolution, any scans are flat and not distorted)?

Plans

  • Is a block/site plan provided?

  • Does the site/block plan include the following?
    (tick where provided)

  • Appropriate scale (1:200 preferred)

  • North point

  • Site and lot boundary dimensions

  • Boundary setback dimensions

  • Location and type of easements

  • Proposed finished floor level(s)

  • Levels of unbuilt yard or area that belongs to the lowest floor and the adjacent ground?

  • Location(s) and dimensions/type of any trees and vegetation (existing and proposed)

  • Location(s) of any fences (existing and proposed)

  • Any structures or trees to be removed

  • Stormwater drainage details to the legal point of discharge

  • Is a plan of each floor section provided?

  • Does the floor plan include the following?
    (tick where provided)

  • Appropriate scale (1:100 or 1:50 usually)

  • North point and other orienting features

  • Overall building dimensions

  • Room dimensions

  • Room use and layout

  • Location of all wall/roof openings (windows, doors, skylights, roof windows)

  • Floor level relative to unbuilt yard area or adjacent ground (AHD preferred)

  • Wall/floor materials/finishes

  • Is a plan of each elevation of the building provided?

  • Do the elevations show:

  • Appropriate scale (1:100 or 1:50 usually)

  • Floor and ceiling heights and/or levels

  • Overall building height/level

  • External building mateials and finishes

  • Locations, and type of wall/roof openings (doors, windows, roof windows, roof lights, ventilators, exhaust fans etc)

  • Is at least one section plan of the proposed construction provided?

  • Does the section show:

  • Appropriate scale (1:100 or 1:50 usually)

  • Floor and ceiling heights and/or levels

  • Overall building height/level

  • External building mateials and finishes

  • Internal building materials and finishes

  • Appropriate construction details (method and materials of construction)

  • Have construction detail plans been provided?

  • Detail plans should include (as appropriate for the development):
    - Details of junctions and interfaces between and within major building elements.
    - Details of key areas of the building such as a glass curtain wall interface with the floor slab.
    - Details of penetrations and proposed protections methods.
    - Methods of weatherproofing and attaching building elements.
    - Waterproofing details.
    - Tanking and damp-proofing details.
    - Wall details such as for fire resistance and sound insulation.
    - Access ramp, landing, threshold details.
    - Provision for fire safety and fire resistance, showing which elements are fire resisting, the proposed level of fire resistance, and any fire compartmentation.
    Ideally plans should be colour coded differentiating all the fire-resisting elements and clearly identifying fire compartmentation and bounding construction for the building.

  • Are appropriate details provided?

Other Documents

  • Have specifications been provided?

  • Does the proposal involve a new slab/footing?

  • Has a geotechnical report or other site soil assessment been provided?

  • Does the design rely on the 'standard designs' in AS2870 or Part 3.2 of the BCA Vol 2?

  • Has an engineer's certificate been provided for the slab/footing design?

  • Does the proposal include steel framing and/or steel structrual elements?

  • Has an engineer's certificate been provided for the design of these elements?

  • Does the proposal involve timber framing outside the standard provisons of AS1684?

  • Has an engineer's certificate been provided for the structural timber elements?

  • Has a surveyor's report been provided?

  • Does the surveyor's report detail the appropriate part(s) of the site?

  • Is the surveyor's report of the correct property?

  • Has other development since the survey affected the dimensions or other details on the report?

  • Is the development more than 1m away from any boundary?

  • Is the gap between a proposed or existing building and a lot boundary being relied upon for compliance with fire separation requirements of the BCA?

  • Is the gap being used for fire separation purposes more than 1 metre wider than the minimum gap required for DTS compliance?

  • A surveyor's report is required to accurately establish the location of this boundary.

  • A surveyor's report is not necessarily required, but may be requested later if the need arises.

  • A surveyor's report is not necessarily required in this case, but may be requested later if the need arises.

  • A survey is required.

BASIX

  • Is the development BASIX affected development?

  • Has a BASIX certificate been provided?

  • Do the details on the front of the BASIX certificate match the details of the proposal?<br>E.g. type of development, site location, number of bedrooms, etc

  • Have all the pages of the BASIX certificate been provided?

  • Does the BASIX Certificate number match the BASIX certificate approved by the development consent?

  • Are the items ticked in the "Show on CC/CDC plans" column detailed in the other documents with the application?

  • Was the BASIX certificate generated in conjunction with a NATHERS or similar assessment by an accreddited assessor?

  • Has the whole of the NATHERS or other report been provided?

  • The following definitions are in the Dictionary in Schedule 7 of the EP&A Regulation 2021:

    BASIX building means a building that contains at least 1 dwelling, but does not include the following—
    (a) hotel or motel accommodation,
    (b) a boarding house, hostel or co-living housing that—
    (i) accommodates more than 12 residents, or
    (ii) has a gross floor area exceeding 300 square metres.

    BASIX certificate means a certificate issued by the Planning Secretary under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, section 71.

    BASIX development means the following development if it is not BASIX excluded development—
    (a) development that involves the erection, but not the relocation, of a BASIX building,
    (b) development that involves a change of building use by which a building becomes a BASIX building,
    (c) development that involves the alteration of a BASIX building, if the estimated construction cost of the development is
    $50,000 or more,
    (d) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
    (i) services 1 dwelling only, and
    (ii) has a capacity, or combined capacity, of 40,000 litres or more.

    BASIX excluded development means the following development—
    (a) development for the purposes of a garage, storeroom, carport, gazebo, verandah or awning,
    (b) development that involves the alteration of a building listed on the State Heritage Register under the Heritage Act 1977,
    (c) development that involves the alteration of a building resulting in a space that cannot be fully enclosed, other than a space that can be fully enclosed but for a vent needed for the safe operation of a gas appliance,
    Example—
    A verandah that is open or enclosed by a screen, mesh or other material that permits the free and uncontrolled flow of air.
    (d) development that involves the alteration of a building declared by the Planning Secretary, by order published in the Gazette, to be BASIX excluded development.

    BASIX optional development means the following development if it is not BASIX excluded development—
    (a) development that involves the alteration of a BASIX building, if the estimated construction cost of the development is less than $50,000,
    (b) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
    (i) services 1 dwelling only, and
    (ii) has a capacity, or combined capacity, of less than 40,000 litres.

General

  • Do the plans indicate the levels of the lowest floor, an unbuilt yard or area that belongs to the lowest floor and the adjacent ground?

  • Do the plans and specifications describe the construction and materials to be used to construct the building?

  • Do the plans and specifications describe the method of water supply?

  • Do the plans and specifications describe the method of sewerage?

  • Do the plans and specifications describe the method of drainage?

  • Does the development involves building work to alter, expand or rebuild an existing building?

  • Has a scaled plan of the existing building been provided?

  • Is each document provided a complete copy of the original certificate, report or document?

Fire safety

  • Does the application relate to a dwelling house, or to a building or structure that is ancillary to a dwelling house?

  • Has a list of the EXISTING fire safety provisions provided in relation to the land or an existing building on the land been provided?

  • Has a list of the PROPOSED fire safety provisions to be provided in relation to the land or an existing building on the land as a consequence of the building work been provided?

  • Does the application relate to fire alarm communication link works?

  • Has a plan that indicates the location of the new fire alarm communication link and associated works been provided?

  • Has a document that describes the design, construction and mode of operation of the new fire alarm communication link and associated works been provided?

  • *Fire alarm communication link* means the part of a fire alarm system that transmits a fire alarm signal from the system to an alarm monitoring network.
    **Fire alarm communication link works** means the installation or conversion of a fire alarm communication link to connect with the fire alarm monitoring network of a private service provider, but does not include works associated with the alteration of or change of building use for an existing building.
    ***private service provider*** means a person or body that has entered into an agreement with Fire and Rescue NSW to monitor fire alarm systems.

  • Do the proposed works include an alteration to a hydraulic fire safety system?

  • Has a plan indicating the location of the alteration and associated works been provided?

  • Has a document describing the following been provided?<br> (i) the required pressure and flow characteristics of the hydraulic fire safety system that will be altered, and<br> (ii) the pressure and flow characteristics that will be available from the town main following mains pressure reduction by or on behalf of the relevant water utility, and<br> (iii) the design, construction and performance of the alteration and associated works.

Conclusion

  • Is the application complete enough to be lodged?

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