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The
Community has raised concern over the confusion of the roles of
Private Certifiers in the Development Control process. The following
information outlines the roles of both Council and a Private Certifying
Authority where appointed.
Background
In
1998 the NSW Government amended the Environmental Planning and Assessment
Act to allow applicants to appoint persons other than the Council
to certify the construction of their development. Previously only
the Local Council had this responsibility.
Private
Certifiers are accredited professionals who issue certificates for
development under the Environmental Planning and Assessment Act.
Accredited Private Sector Certifiers are able to check that development
proposals comply with required technical standards and regulations.
They are required to be accredited under a scheme managed by the
Building Professionals Board which is part of the Department of
Planning.
The
power of a Private Certifier in general is as follows;
-
act as a Principal Certifying Authority (PCA), responsible for,
among other things, issuing occupation certificates specifying
that buildings are safe to occupy.
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To
be accredited, the certifier must demonstrate his/her qualifications
and experience, agree to abide by the scheme's code of conduct and
complaints handling mechanisms, undertake continuing professional
development, and provide evidence of his/her public liability insurance.
When
accredited, a certifier is given a unique number, which is used
on all documents to identify the certifier. A certifier must be
re-accredited each year by the Department of Planning.
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The
Process
When
an applicant appoints a PCA they assume the role of Council and
as such take responsibility for the site. They lodge with Council
the Construction Certificate once they are satisfied that the applicant
has met all the requirements of the Development Consent.
Council
often receives complaints in relation to the conduct of a builder
and/or compliance with Development Consent conditions. It is the
role of the PCA to investigate and respond to these complaints.
Upon
receipt of any complaint the Environmental Services Division follows
this procedure ;
In relation to better informing the Community of the roles of the PCA,
Council has implemented the following;
In
summary if you have any concerns in relation to the conduct of a
Private Certifying Authority {PCA} you should contact
The Building Professionals Board
(www.bpb.nsw.gov.au)
or 9895-5950.
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