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Should I use the council or a private certifier as a PCA?

I need to get a construction certificate for a new development. I have checked with the planning instruments and the council and confirmed that it is a complying development. Should I use the council as the Principal Certifying Authority (PCA) or should I hire a private certifier?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Environment & Planning
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • You can choose either option as a PCA.
  • A PCA ensures that the development complies with:
    • the development application;
    • the Building Code of Australia; and
    • the Environmental Planning and Assessment Act 1979 (NSW).
  • A PCA can issue:
    • a complying development certificate;
    • a construction certificate;
    • a strata certificate; and
    • an occupation certificate .
  • A PCA conducts regular and mandatory inspections during the construction stage to ensure compliance. If the development is non-complying it can issue a notice to the applicant for immediate compliance.
  • The main difference between the council acting as a PCA and a private certifier is the cost. Generally the councils are cheaper. You should conduct your own research before deciding which option is better for you.
  • If you select a private certifier you must notify the council before commencing work on the property. Most councils will have a specific form for this purpose.
  • You should also ensure that you comply with any notification guidelines for your local council.

 

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