Construction Certificates

Any building or structural work requires a Construction Certificate (previously a Building Application) as well as development consent.

A Construction Certificate certifies that your development complies with the Building Code of Australia (BCA), and that your plans and specifications are consistent with the development consent.

A Construction Certificate is required before work commences, and can be issued by Council or obtained from a private accredited certifier.

We recommend you lodge the Construction Certificate application with Council, together with your Development Application, as we have the experience to meet your needs and, in most cases, Council will complete the approvals process in a shorter timeframe when your DA and Construction Certificate are lodged with it concurrently.

Also, depending on the nature of your proposal, we may be able to issue your Construction Certificate at the same time we approve your DA.

Principal Certifying Authority

Where any building work is being undertaken as part of a Development Application and Construction Certificate, or a Complying Development Certificate, a Principal Certifying Authority (PCA) must be appointed.

The PCA can either be Council or a private sector Accredited Certifier.

The choice of who is appointed PCA is up to the DA Applicant or the owner of the property being developed.

The role of the PCA is to ensure that the building construction complies wit the approval and the Building Code of Australia and to assess whether the building is suitable for occupation or use before issuing an Occupation Certificate.

The PCA will also undertake the mandatory inspections as prescribed under the regulations in the development consent, or as required in the agreement of appointment in order to issue the Occupation Certificate.

If you are an owner or owner/builder where you are not happy with the building work under construction (being overseen by an accredited certifier) or a neighbour where building work next door is occurring and concerns raised to the accredited certifier (where reasonable) are not being addressed, then you can ask to have the Building Professionals Board look into the matter.

Under Section 21 of the Building Professionals Act 2005, any person can make a complaint to the Building Professionals Board in relation to the professional conduct of an accredited certifier.

To be valid and capable of being acted upon by the Board, a complaint against an accredited certifier must:

" be made in writing,
" nominate the name of the accredited certifier concerned,
" contain specific details of the alleged conduct of the accredited certifier, and
" be verified by a statutory declaration.

For further information about how to lodge or make complaints against an accredited certifier, visit the Boards site at  http://www.bpb.nsw.gov.au/page/conduct-of-certifiers

Construction Hours

Introductory

Demolition, excavation and construction hours are applicable to the Ashfield Council area for all works covered by either a Development Application, Construction Certificate, Complying Development or Exempt Development as covered under Councils Local Environmental Plan 1986

Generally, the hours in which demolition, excavation and construction work can be only carried out is placed on the Development Consent for the proposed works or the attached conditions for the Complying Development.

Consent Hours

The hours in which all the above mentioned work in Ashfield must be carried out is as follows:

(a) Subject to sub-clauses Clauses (b) and (c) below, demolition, excavation and construction work, including loading and unloading of materials and the use of machinery, shall be restricted to the hours of 7.00 am to 6.00 pm, Monday to Friday and from 7:00 am to 1 pm on Saturday.  Work is prohibited on Sundays, on public holidays and on union picnic days or on any fixed building industry agreed "rostered" days off that apply during the period of demolition, excavation and construction works.

(b) In the event that a public holiday is a Friday, work is not to be conducted on the Saturday following the public holiday.

(c) In the event that a public holiday falls on a Monday, Council expects that the following Tuesday should be a rostered day off.

Unless otherwise approved by Council, no work is permitted outside these hours.

Noise as a result of Consent

In addition, the following may apply and will be placed on Consents where the proposed works is considered will cause a possible nuissance to the adjoining amenity:

(a) Noise arising from demolition/excavation/construction works shall be controlled in accordance with the requirements of Protection of the Environment Operations Act 1997 and guidelines currently contained in the NSW EPA Environmental Noise Control Manual.

(b) For construction and demolition periods of 4 weeks or less the L10 level, measured over a period of 15 minutes when the construction or demolition site is in operation, must not exceed the background level by more than 20dB.