Month: December 2020

Complying development approval is needed for a number of different residential, commercial and industrial projects and is necessary to begin construction. However, as many people in the industry know, securing complying development approval is quite complex. The process can be long and intimidating, especially if you’re not used to the terminology in the building and construction industry. To secure complying development approval, you can enlist the help of ES Design’s team. They are experts in acquiring complying development approval and will ensure that your project’s requirements are taken care of.

Even though our team is competent and will confidently guide you through every step of the approval process, it’s important that you understand what complying development is. Understanding the process of acquiring complying development approval and the requirements needed is key in staying abreast with the process and ensuring that whatever team you hire is doing a good job. For this reason, we’ll be presenting a comprehensive guide on complying development.

What is complying development?

Complying development is a fast-track approval for simple and straightforward residential, commercial and industrial developments. It is a combined planning and construction approval that can be determined through a 14-day assessment done by a council or private accredited certifier.

Some examples of complying developments include:

• simple renovations to a home
• granny flat
• construction of a swimming pool
• property extensions (usually up to 2 storeys)
• construction of a garage or carport
• new industrial building
• alterations and additions to industrial and commercial buildings
• the demolition of a building

How do you apply for complying development approval?

Applying for complying development approval is available online, however, it is not for every council in NSW. If you live in a council that does not facilitate online complying development applications, then you will have to apply directly to your local council or a private accredited certifier on the Building Professionals Board’s Register.

To apply online, you must follow these steps:

• • Contact your local council about applying for a Complying Development Certificate (CDC). They will most likely recommend that you apply with the following documents:
    • Site plan
    • Design plans
    • Certificate of title
    • Survey plan
    • Accredited building product/system
    • BASIX Certificate
    • BCA Performance Requirements Compliance Statement
    • Compliance certificates relied
    • Documentation for a temporary structure
    • Engineering report regarding support of an adjoining wall
    • Fire safety measures
    • Owner’s consent

These are just some of the requirements needed for a CDC. Depending on the type of project you have, the council may require different documents from those mentioned above. Please note that not every document listed will be required for every project.

• Register for your NSW Planning Portal account. This is where you will be able to submit documents and applications, track the progress of your application and withdraw your application.
• Log n to your online application to complete it. Submit all of the relevant documents required by the council, including those specified by your certifier/council.
• Your nominated certifier will conduct an assessment of your application and either refuse or accept it.

Where is complying development restricted?

There are exclusions and restrictions when it comes to complying development under the general housing code and rural housing code.

Exclusions

• Land within a heritage conservation (not including a detached outbuilding or swimming pool)
• Land reserved for a public purpose by an environmental planning instrument
• Sites identified as Class 1 or 2 Acid Sulphate Soils
• Sites with an area less than 200 square metres
• Sites with an area less than 6 metres width
• Sites or land within a riverfront area
• Sites or and within a protected area
• Sites or land within a flood-prone area
• Land that is in the 25 ANEF contour or a higher ANEF contour (this is only unless the development is only for the erection of ancillary development, the alteration of or an addition to ancillary development or a dwelling house)
• “Special area” (Water NSW Act 2014)

Restrictions

• the erection of a roof terrace on the topmost roof of an existing or new dwelling house or outbuilding,
• the erection of a building over a registered easement

We hope that this article provided clarification around the complex process of acquiring a complying development approval. At ES Design, our team will guide you through the process and ensure that your application is thoroughly completed with all of the relevant documents. We know how important projects are, whether it’s the addition of a beautiful swimming pool or a long-awaited renovation. Our team will try our hardest with your project. To find out more about our services, call us on 0460 000 000.

An Occupation Certificate is a mandatory part of the DA and CDC approval processes. It should be sought to ensure the health and safety of a building and its occupants, but beyond that, there are many other legal and financial reasons to obtain an Occupation Certificate before moving into or using a new building.

What is an Occupation Certificate?

An Occupation Certificate (OC) is required as the final step to obtaining a Development Application (DA) or Complying Development Certificate (CDC). After you’ve been issued a Construction Certificate or Development Consent, a Principal Certifying Authority (PCA), such as your local council or a licensed independent certifier, checks that various regulatory standards are met before authorising the occupation or use of a new building or building addition. This authorisation is known as the Occupation Certificate.

Section 6.9 of the Environmental Planning and Assessment Act 1979 (EP&A Act) specifies the circumstances in which an Occupation Certificate is required. The majority of DAs and CDCs will not be approved without an Occupation Certificate, however there are a handful of circumstances in which an Occupation Certificate is not required. If the proposed development is exempt, does not require consent, or is by or on behalf of the Crown, the building can be inhabited or used without an Occupation Certificate.

Ten (10) reasons why an Occupation Certificate is required?

1. Health & Safety

Above everything, an Occupation Certificate should be sought as a means to ensure the health and safety of a building’s occupants. If a building is found to be unfit for its purpose, this can not only be extremely dangerous, but can open a can of worms in the future. If issues arise, those involved in the building process may be implicated, so it is in everybody’s best interest to obtain an Occupation Certificate.

2. Loan & Property Valuation

Construction loans and property valuations can be withheld or hindered if an Occupation Certificate has yet to have been issued. The final drawdown on a construction loan will not be paid until an Occupation Certificate is presented, and when it comes to valuing your property post-completion, without an Occupation Certificate, the property is undervalued as a construction site, even if it is in liveable condition.

3. Home Building Compensation Fund

The sooner you obtain an Occupation Certificate, the sooner you can relieve yourself from the defects liability period. For any defects that arise during the 6 years after an Occupation Certificate has been issued, the relevant contractor is responsible for its rectification. Further, if you intend to take on a new project of similar or greater value than the last without having been issued an Occupation Certificate, you may not be granted cover under the Home Building Compensation Fund (HBCF).

4. Unauthorised Work

Depending on the scale of works, additions and alterations to existing properties may require approval from your local council or a certifier. If it is found that unauthorised works are being carried out, your local council has the authority to issue a hefty fine and demand its demolition at the owner’s expense. This will hinder your ability to obtain an Occupation Certificate, and hence, the legality of use of the property. Fortunately, there are other avenues that can be sought to prevent this from happening. A Special Certificate called a Building Information Certificate can be applied for that will help buy time and protect the owner from legal action for 7 years. This does not, however, guarantee the issue of an Occupation Certificate.

5. Property Sale

One of the easiest ways to broaden your pool of potential buyers is to present an Occupation Certificate upon sale of your development. By guaranteeing a safe and healthy building, you will attract more interest and enable the purchaser to occupy the property immediately. Increased buyer confidence makes the property more hotly contested, which is likely to generate a greater return for the vendor. For strata units purchased off the plan and land and house packages, the Conveyancing (Sale of Land) Regulation 2017 stipulates that an Occupation Certificate is a prerequisite of sale. If there are no extenuating circumstances and the vendor does not present an Occupation Certificate to the purchaser, you may be in breach of the contract for sale of land.

6. Subdivision

For new developments like multi-dwellings, an Occupation Certificate is required before the land can be subdivided into two or more titles. Subdivision is a common investment strategy as it gives you the opportunity to generate wealth from renting and/or selling several blocks of land. To ensure your development efforts and resources are not wasted, and that your investment goals are met, it is necessary to apply for an Occupation Certificate prior to commencing the subdivision process.

7. Council Penalties

It is an offence to occupy a building without an Occupation Certificate. If it is found that the homeowner or tenants are living in or utilising the property, your local council may issue fines and/or a Development Control Order to cease its use. A loss of good tenants also means a loss in rental income, and a failure to abide by a stop use order can carry further monetary penalties and a possible criminal record.

8. Government Funding & Licencing

Commercial buildings or buildings that accommodate heavily regulated industries may sometimes be eligible for government grants and programs. Without an Occupation Certificate, it is likely that this funding will not be approved, even if your business meets the rest of the criteria. The absence of an Occupation Certificate within an operational business can also have legal ramifications as the business needs to be licenced to practise on that premises. As it poses a risk to health and safety, the business may too be temporarily shut down.

9. Goodwill and Existing Use Rights

If you run a successful business that is operating out of an unauthorised building, you risk damaging the goodwill and overall value of the business if you decide to sell it in the future. You will also not be protected by existing use rights if your local council decides to rezone the area, which means that if your business does not fit within the range of permissible uses, you will be evicted with no possible recourse.

10. Insurance Claims

When taking out construction insurance, it’s important to do so within the early stages of a development. If the projects’ construction timeline extends beyond 2 years, most insurance companies will cease building insurance cover. Additionally, if the development has not been issued an Occupation Certificate prior to an insurance claim, it will immediately be void. An insurance policy without an Occupation Certificate is effectively useless.
Beyond the many reasons to obtain an Occupation Certificate, it is against the law to occupy or use a building without first having a PCA authorise. You can apply for an Occupation Certificate online via the NSW Planning Portal:

• Register for an NSW Planning Portal account to start your application.
• Log in to complete the online application form.

Alternatively, you can contact ES Design for any further concerns you may have around the DA or CDC approval processes.