Construction Certificates

If your proposal involves construction works (and cannot be carried out as complying development) then you will need to lodge a Construction Certificate Application. You are not able to commence any form of construction until you have received Development Consent and a Construction Certificate. A Construction Certificate can be approved and issued by Lachlan Shire Council or a Private Certifier.

So what is a Construction Certificate? A Construction Certificate is an approval that certifies that your proposed development, if completed in accordance with your plans and specifications, will comply with the National Construction Code (NCC) including relevant associated structural standards and codes.

If you need to submit a Construction Certificate Application, you will need to follow a sequence of steps contained in the following six stages:

The six stages of a Construction Certificate

Stage 1 - Submitting and Lodgement

A Construction Certificate Application may be lodged at the same time as your Development Application or at any time after the lodgement of your Development Application.

Submitting & Lodging the Construction Certificate Application and Development Application at the same time may improve the processing time of the Construction Certificate. This is because the Construction Certificate can be assessed at the same time as your Development Application.

A Construction Certificate cannot however be issued unless the Development Application has been determined and approved, and the Construction Certificate is consistent with the development consent. 

From July 1, 2021, all Development Applications (DAs), Construction Certificates (CCs) and Complying Development Certificate (CDCs) are to be submitted via the NSW Government's online Planning Portal. All you need to do is apply for a NSW Planning Portal account, and then submit your application online. Simply click here to start the process and follow the links. Quick Reference Guides are available to help too. Submission of a Construction Certificates will require the following information & documents:

  • Applicants Name (This cannot be the builder or contractor)
  • Owners Consent Form(PDF, 372KB)
  • Development Description
  • The Development Cost
  • The builders name and licence or owner builders permit (this is not the statement of attainment)
  • National Construction Code Classification
  • Combined Appointment of PC (Principal Certifier) and Contract signed by applicant 
  • A site plans, which include location, boundary dimensions, existing site features (buildings, vegetation etc.) and proposed building work, setback to boundaries and existing building, entry and exit locations & details of storm water drainage.
  • Building section plans
  • Building elevation plans
  • BASIX certificate - where applicable 
  • Geotechnical report classifying soil category - where applicable
  • Building specifications including detail engineering plans - where applicable

Once the required documents have been submitted to the Online Planning Portal and accepted by Lachlan Shire Council, the applicant will be provided with an invoice (payable fees) for the Construction Certificate this will be given via the additional information stage on your Planning Portal. When full payment of the fees has been paid the Construction Certificate is then lodged for assessment.

Stage 2 - Assessment

Once you have lodged your Construction Certificate Application, it will be assigned to an accredited Council Building Surveyor for assessment. The Building Surveyor will check that your Construction Certificate Application:

  • Complies with the National Construction Code.
  • Is consistent with the plans approved under the Development Consent.
  • Complies with any conditions included on the Development Consent.
  • Complies with any BASIX commitments - where applicable.
  • Complies with other Construction Certificate submission requirements.

You will be advised if further information is required prior to determination of the Construction Certificate via the addition information stage on the Planning Portal 

Stage 3 - Prior to the issue of a Construction Certificate

If applicable to your application, the following items are required by Council prior to the issue of the Construction Certificate. It is recommended that you submit this detail to Council early in the application process:

Builders details

Council will require the builders name, address and NSW licence number for all residential work. This is not required if you are completing the construction project as an Owner Builder.

Home Owners Warranty Insurance

All residential work exceeding $20,000 in value requires a Certificate of Home Owner’s Warranty Insurance. A copy of your insurance must be submitted to Council. It is important that the Insurance Certificate shows the correct property details and identifies all work covered under the Building Contract (e.g. Dwelling and swimming pool).

Owner Builders Permit

If you choose to complete work as an owner-builder, an owner-builder permit is to be obtained from the Department of Fair Trading and a copy submitted to Council for all residential building work exceeding $10,000 in value. Permits must show the correct property details and Council application number to which the permit relates. This application number is provided on lodgement of the Construction Certificate.

If the building work exceeds $20,000, an owner-builder will be required to complete an approved owner-builder course, or have the approved equivalent qualifications.  For further details, please see the 

Long Service Levy

The NSW Government has put a levy on all building and construction work valued at $250,000 or more (inclusive of GST). The levy rate is 0.25% of the total cost of the work. The building applicant or the person for whom the work is being done is liable to pay the levy.

Council is the agent for the collection for long service levy payments and can accept payments only where a Construction Certificate Application is lodged. You are encouraged to pay the levy when lodging your Construction Certificate Application, if you choose to pay direct to the Long Service Levy Payments Corporation, Council will require proof of payment.

If you are an owner-builder, non profit organisation or church you may be liable for a partial exemption. Please contact Council on 02 6895 1950 for further information.

Section 7.11 & 7.12 (Previously 94 & 94A) and 64 Contributions

It is important that you read your Development Consent to determine whether you are liable to pay Council any contributions. These contributions must be paid to Council prior to the issue of the Construction Certificate. Further information relating to contributions can be obtained in the Developer Contributions section of this website.

Compliance with conditions of consent

It is important that you carefully read your development consent and ensure that all required conditions have been met prior to lodging your Construction Certificate Application. Council will not issue the Construction Certificate until these specific conditions have been satisfied. If you are unsure as to what conditions need to be satisfied prior to the issue of your Construction Certificate, please contact Council on 02 6895 1950.


Stage 4 - Determination and Issue

Once Council has made an assessment that your application complies with all building requirements and is consistent with your development consent, you will be provided with your Construction Certificate.

Stage 5 - Commencement of Work

What needs to be done before construction work is commenced?

  • Make sure you have your approved Development Consent. Read the document and comply with the conditions at all times.
  • Make sure you have your approved Construction Certificate.
  • Make sure your Notice of Commencement form(PDF, 80KB) has been submitted.
  • Make sure that the required signage has been provided to identify the site, builder’s information, PCA etc.
  • Make sure that a builder’s toilet is available in accordance with Work Cover Requirements.
  • Make sure provisions have been made for construction waste.
  • Make sure all environment controls are in place. For demolition, excavation or building work, this can include:
  • Occupational Health and Safety and public safety 
  • Waste management
  • Soil and erosion controls
  • Limiting hours of construction work involving noisy activities. 

Stage 6 - Completion of Work

Once you have completed all construction work, it will be necessary for you to arrange for a final inspection with Council. The building cannot be used or occupied until you have arranged for this final inspection and an Occupation Certificate has been issued by Council. You must remember that it is an offence to occupy or use a building without an Occupation Certificate.

Partial Occupation Certificate

An Partial Occupation Certificate can be issued if the building is fit for occupation but there are still outstanding matters to be addressed. These matters must be addressed within the designated timeframe stated on the Partial Occupation Certificate. The building must be reinspection before a Final Occupation Certificate can be issued.

Whole Occupation Certificate

A Whole Occupation Certificate is issued by the Principal Certifying Authority and certifies that:

  • A development consent is in force with respect to the building.
  • A construction certificate has been issued with respect to the plans and specifications for the building.
  • The building is suitable for occupation or use in accordance with its classification under the Building of Australia.
  • When required, a final fire safety certificate has been issued for the building.
  • When required, a report from Fire and Rescue NSW has been considered. 

It should be noted that an Occupation Certificate is a lawful requirement in the conveyancing process when a property is sold and it is therefore essential that you follow the above process. 

An Occupation Certificate is lodged via the Planning Portal.

For further information regarding lodging a Construction Certificate or the Planning Portal, please contact Council on 02 6895 1950, email or visit Council's administration buildings in Condobolin or Lake Cargelligo.