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In 1998, the NSW Government introduced private certification, which allows property owners to engage their own Registered Certifier to approve their development, without Council involvement.
Private Registered Certifiers can:
- Approve Complying Development Certificates
- Approve Construction Certificates
- Act as the Principal Certifier (see below)
- Inspect swimming pool barriers
- Issue swimming pool Certificates of Compliance
What is a Principal Certifier?
The Principal Certifier (PC) must be appointed before any building work begins and is required to:
- conduct critical stage inspections of the development
- ensure compliance with the development consent
- investigate any non-compliances with the development
- ensure compliance with all conditions of consent
- ensure compliance with the Building Code of Australia
- ensure that all pre-conditions are met before the occupation certificate is issued
If you have concerns about how a development is proceeding, you should contact the PC in the first instance. The details of the PC can usually be found on a sign at the front of the development site.
Incorrectly issued certificates
If a private certifier issues a Complying Development Certificate or Construction Certificate that contravenes the legislation, only a Court can declare the Certificate invalid.
Council does not have the authority to declare a Complying Development Certificate or Construction Certificate issued by a private certifier to be invalid.
An appeal may be lodged for the Court to make an Order to declare a Complying Development Certificate or Construction Certificate invalid in accordance with the Environmental Planning and Assessment Act 1979. If you intend to lodge an appeal, it is recommended that you obtain your own independent legal advice.
Complaints or concerns about a private certifier
Council does not register or regulate private certifiers. All private certifiers are registered and regulated by NSW Fair Trading.
Any concerns relating to professional conduct or lack of action taken by a private certifier must be submitted to NSW Fair Trading using the Registered Certifier Complaint Form.
NSW Fair Trading maintains a Public Register of Registered Certifiers that includes the contact information of all Registered Certifiers and a Disciplinary Register of Registered Certifiers.
Professional bodies
Some private certifiers are members of the Australian Institute of Building Surveyors (AIBS) Professional Standards Scheme. A Professional Standards Scheme is a legislative instrument that requires the AIBS to monitor, enforce and improve the professional standards of members.
Any concerns relating to professional conduct or lack of action taken by a private certifier who is a member of the AIBS should be submitted to both NSW Fair Trading using the Registered Certifier Complaint Form and the AIBS using the Complaint Form.