Building, development and planning certificates

A Section 603 Certificate (Local Government Act 1993) (LG Act) advises the amount (if any) due or payable to Council by way of rates, charges or otherwise, on a parcel of land.

An Outstanding Notices and Orders Certificate lists any outstanding notices and orders issued by Council in relation to a particular property. Notices issued might include unauthorised building works, stormwater works or unsafe or unhealthy conditions.

Council has previously offered two certificates, a 121ZP Certificate for notices and orders issued under the Environmental Planning and Assessment Act 1979 and a 735A Certificate for notices and orders issued under the Local Government Act 1993.

Following amendments to the Environmental Planning and Assessment Act in December 2019, information from the 121ZP Certificate and information from the 735A Certificate will now be provided on one single certificate.

There is now no need to apply for two separate certificates and the new certificate will supply information on outstanding orders or notices under both the Local Government Act and the Environmental and Planning Assessment Act.

Apply for certificates through our Online Portal 

The Section 10.7 Certificate is a planning certificate previously referred to as a Section 149. Planning Certificates give information on the development potential of a parcel of land including the planning restrictions that apply to the land on the date the certificate is issued. There are two types of 10.7 planning certificates, 10.7/2 and 10.7/2&5.

What is the difference between a 10.7/2 and a 10.7/2&5 Certificate? 

A 10.7/2 Certificate provides you with information such as zoning, whether and Draft Local Environmental Plans and Development Control Plans affect the land and whether any restrictions apply to the land due to natural hazards such as flooding and bushfire.

A 10.7/2&5 Certificate provides you with all of the above information and additional information such as road closures compliance with Building Code of Australia, or whether the land is subject to a Tree Preservation clause from the Great Lakes Local Environmental Plan 2014.

Why do I need a 10.7 Certificate?

When land is bought or sold the Conveyancing Act 1919 requires a 10.7 Planning Certificate to be attached to the contract of sale.  It may also help an existing owner to decide about the uses of their land.

Is there a fee involved?

Yes and you can find it on the application form.

How do I apply for a Section 10.7 Certificate? 

Apply for a certificate through our Online Portal

BASIX stands for the Building Sustainability Index. BASIX was introduced by the NSW state government to make sure new houses or additions are more energy and water efficient.

A BASIX certificate is needed when you lodge a development application for:

• a new home
• alterations and additions for an existing home if the work is worth $50,000 or more
• swimming pools with a volume of more than 40,000 litres

Where do I get a BASIX certificate?

Go to the BASIX website and complete the online assesment tool.

The BASIX assessment tool calculates if your plans meet the targets for water and energy use. If they do, you’ll be issued with a BASIX certificate.

Complying development allows a streamlined form of approval for low impact development. You can get faster approval without the need for a DA and CC if your development complies with certain standards.

Is your proposal Complying Development?

Complying development is specified within the following state policies:

• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
• State Environmental Planning Policy (Affordable Rental Housing) 2009
• State Environmental Planning Policy (Infrastructure) 2007

Each policy applies to particular types of complying development and identifies relevant standards. These standards must be met for your proposal to be complying development. 

Most complying development for residential and rural properties will be carried out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

The NSW Planning Portal website will help you to determine whether your proposal is complying development.

How do I apply?

Submit your application through the NSW Planning Portal.

Information you will need to submit

You will need to submit detailed plans and building specifications to confirm that your proposal complies with the relevant standards. 

Separate approvals may be required before the Complying Development Certificate (CDC) can be issued if your development involves installation of, or alteration to stormwater; on-site sewage management systems; or driveways.

Building works often cause disruption. However, talking through your designs and likely time frame with neighbours will help address any concerns and avoid disputes when building begins.

Early consultation will help your neighbours understand your plans and the likely impact on their own properties. This timely consultation will also allow you to respond to questions easily before any detailed plans are finalised.

There are two requirements for informing neighbours who live within 20 metres of your property: 

1. We will advise the neighbours 14 days before the application is approved if the property is within an established residential area; and   
2. You must advise your neighbours seven days before the work starts. If the development is in a new residential release area neighbours must be advised at least two days before work starts.

While your neighbours are not able to insist on changes to the development plans, giving them an opportunity to review the proposal can help address any issues. The earlier in the process this takes place, the better for everyone concerned.

A Construction Certificate (CC) certifies that: 

• the construction plans and specifications comply with relevant standards (e.g. Building Code of Australia);
• construction plans and specifications are consistent with the development consent; and
• conditions of the development consent have been met. 

When is a Construction Certificate required?

A Construction Certificate is required after development consent is issued and before any building work is carried out. Building work means any physical activity and includes site preparation such as excavation and/or the removal of trees, and/or the erection of a building including alterations and additions.

A Construction Certificate is not required for complying development where building details are covered by a Complying Development Certificate (CDC).

When do I apply for a Construction Certificate?

You can apply for a Construction Certificate once detailed plans, specifications and/or engineering details have been prepared.

You can apply for a Construction Certificate:

• At the same time as you lodge a Development Application (DA). This would apply for most development proposals where consideration of the DA is unlikely to require modification to the construction drawings and the level of detail of plans and specifications is sufficient for approval to be given.
  If you choose to lodge your CC at the same time as the DA you may enjoy the benefits of reduced application fees and faster processing.

• After development consent has been obtained. (This option would be more suitable for complex proposals).

What information is required with a Construction Certificate application?

We need detailed plans and building specifications from you to determine if the proposed building will comply with the development consent and relevant building codes.

Where your development involves the installation of or alteration to stormwater, on-site sewage management systems or driveways, separate approvals may be required before the Construction Certificate can be issued. The conditions of your development consent will specify whether these approvals are required or not.

How do I apply?

Submit your application through the NSW Planning Portal.

Making changes to approved plans

Before or during the building process, you may choose or need to alter your proposal from that which was approved by Council.  If this happens, you MUST contact Council before you undertake the works. You might need to make an application to amend your original development consent or construction certificate.

Unless the changes are extremely minor, have little or no external effect to the approved building form, and Council has formally advised you in writing, you will need to submit an application under section 96 of the Environmental Planning & Assessment Act to modify your original consent.

Modification applications (Section 96 applications) are considered in a similar way to the original development application, including the notification process.  For further details on the lodgement of a your application please contact Council.  A section 96 application to modify the development consent will also require the submission of an application to Council to modify the construction certificate if one had been previously been lodged..

Withdrawal of the construction certificate application

The application can be withdrawn at any time before its determination. You will need to notify the certifying authority (Council or Accredited Private Certifier) in writing (signed by the applicant). Some or all of the application fee may be refunded.

Principal Certifying Authority

Once you have obtained development consent, Construction Certificate or Complying Development Certificate, you must appoint a Principal Certifying Authority (PCA).

As a property owner it is important to decide whether you engage Council's Building Certification service or a private certifier to undertake the certification and inspection work for your development.

What is a Principal Certifying Authority?

A PCA is the person or authority responsible for ensuring compliance with the conditions of development consent, the Building Code of Australia, and the objectives of the Environmental Planning & Assessment (EP&A) Act 1979.

A PCA is required to:

• ensure compliance with the conditions of consent
• issue the Construction Certificate
• conduct inspections at each required critical stage of construction
• promptly advise the applicant, after each relevant inspection, of any outstanding work
• issue the Occupation Certificate.

Forms

• Building Services certification appointment and service agreement - Information Sheet(PDF, 162KB)
• Notice of appointment of MidCoast Council as Principal Certifying Authority(PDF, 812KB)

Before moving in or using any building, an occupation certificate must be issued by the PCA. The occupation certificate proves that the PCA is satisfied that the building is suitable to occupy or use. An occupation certificate is needed for any new building work, or change of use of a building, that has development consent and a construction certificate or a complying development certificate. Occupation certificates are not required for buildings which are considered exempt development.

In the case of buildings other than single dwellings, dual occupancies and related development, the application must be accompanied by a fire safety certificate. The certificate may be an interim or a final certificate and may be issued for the whole or any part of the building. 

There are 2 different types of occupation certificate, "final" or "interim". An interim occupation certificate allows you to start living in or using a partially completed building, or to begin a new use of part of an existing building.

If an interim certificate is issued, a final occupation certificate is still required when all building work or the change of use is complete.

For further information see the Information Sheet on Occupation certificates for dwellings(PDF, 141KB).

• Occupation Certificate Application Form(PDF, 140KB)