Construction certificates in NSW
What it’s, when you need one, who issues it, and why it isn’t the approval most people think it’s.
The short answer
Two approvals, two different questions, routinely confused. A development application asks whether you may do this here. A construction certificate asks whether what you are about to build complies.
Key points
- A DA approves the use. A construction certificate approves the building work.
- You can’t start work without one, even with development consent in hand.
- Issued by council or a registered certifier; most projects use a certifier.
- The plans must be consistent with the development consent and comply with the NCC.
- An occupation certificate follows at the end. They aren’t the same document.
Two approvals, two different questions, routinely confused. A development application asks whether you may do this here. A construction certificate asks whether what you are about to build complies.
You need both, in that order, and holding the first does not let you start work.
What a construction certificate certifies
A construction certificate confirms two things about your documented design:
- That it is consistent with the development consent, including any conditions council imposed
- That it complies with the National Construction Code and the applicable standards
It is issued against drawings and specifications, not against an idea. Which means the design has to be documented to a level somebody can actually assess, and that’s often more detail than a tenant expects to produce before a builder is appointed.
Who issues it
Either council or a registered certifier. Most projects use a certifier, because it’s generally faster and because the same certifier then carries out the critical stage inspections and issues the occupation certificate at the end.
The certifier is not your consultant and not your advocate. They are performing a statutory function, and a good one will tell you what doesn’t comply rather than help you argue that it does.
Where it sits in a clinic program
- Site and lease assessment. Before signing.
- Development application, or a complying development certificate where the site qualifies, which covers both steps at once.
- Design and documentation to a standard that can be assessed.
- Construction certificate. Before any work starts.
- Construction, with critical stage inspections along the way.
- Occupation certificate. Before anyone uses the building.
The gap people underestimate is between steps two and four. Development consent feels like the finish line and it is the middle of the process.
What delays it on a clinical fitout
Documentation that is not detailed enough. A certifier cannot assess a concept plan. Mechanical, hydraulic and fire services all need to be documented, and on a clinical fitout that means consultants engaged and coordinated.
Conditions of consent that were not read. Council frequently attaches conditions requiring things to be resolved before the construction certificate issues: acoustic reports, waste management plans, parking arrangements, contributions. Each is a task with a lead time.
A classification the design does not support. If the tenancy is becoming Class 9a and the documentation doesn’t reflect the fire and egress requirements that come with it, the certificate does not issue.
Accessibility. AS 1428.1 compliance is assessed here, and it’s the item most often found wanting on a tenancy in an older building.
Other states
Victoria issues a building permit through a registered building surveyor, and an occupancy permit at the end. Queensland issues a development permit for building work through a private building certifier, with a certificate of classification on completion.
Different names, same structure: a planning approval about the use, a building approval about the work, and a final certificate before occupation.
The practical advice
Appoint the certifier early, before documentation is finished, not after. A certifier who has seen the drawings developing will tell you what will not pass while changing it is still a drawing revision.
Sources and further reading
Where development applications and complying development certificates are lodged and tracked in New South Wales.
The National Construction Code: building classification, fire separation, egress, sanitary provisions and access.
Source for AS/NZS 4815 and 4187 reprocessing, AS 1428.1 access and AS 1668.2 ventilation. The standards themselves are purchased, not free.
Questions
What is a construction certificate?
A NSW approval confirming that documented building work is consistent with the development consent and complies with the National Construction Code. It’s issued before work starts and is separate from the development application, which deals with whether the use is permitted.
Can I start work with development consent but no construction certificate?
No. Development consent approves the use; the construction certificate approves the building work. Both are required, in that order, before work begins.
Who issues a construction certificate?
Council or a registered certifier. Most projects use a certifier, which is generally faster and means the same person carries out critical stage inspections and issues the occupation certificate at completion.
What is the difference between a construction certificate and an occupation certificate?
The construction certificate comes before work starts and approves the design. The occupation certificate comes after work finishes and permits the building to be used. Both are needed.
What most often delays a construction certificate on a clinic?
Documentation that’s not detailed enough for assessment, conditions of consent that were not actioned early, a building classification the drawings don’t reflect, and accessibility shortfalls under AS 1428.1 in older buildings.
Send us the floor plan
A site assessment tells you what the tenancy can take and what it will cost to get there, ideally before you have signed for it.