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?
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.