Building and Certification

Before construction may commence, a Construction Certificate must be obtained from Council or an accredited certifier. During the construction phase it is important to ensure that erosion and sediment control measures are maintained and that all hoardings are secure. A Construction Certificate is not required for Exempt Development; however it is important to determine whether other approvals may be required such as those under section 68 of the Local Government Act, 1993 to carry out water or sewer supply work.

On this page:

Dwelling Entitlement Search Certificate
Construction Certificate
Principal Certifying Authority
Sediment and Erosion Control
Building Certificate
Occupation Certificate
Compliance Certificate
Building Compliance
Fire Safety Measures
Private Swimming Pools
Plumbing and Drainage


Dwelling Entitlement Search Certificate

A dwelling entitlement is the right to build a house on a portion of rural land. A dwelling entitlement does not guarantee that you will gain approval from Council to erect a dwelling, as building is subject to assessment. 

Not every rural property has the right to build a house.  A dwelling may only be granted on a rural allotment if the allotment meets the minimum lot size requirement under the provisions of the Blayney Shire Council Local Environmental Plan (BLEP) 2012.  The minimum size requirements for vacant rural land are defined by Clause 4.1 of the Blayney Shire Council Local Environmental Plan (BLEP) 2012.  If your land doesn't meet the minimum size requirements, you will need to fill out a Dwelling Entitlement Request Form to research if your allotment can be granted a dwelling entitlement or not.

If there is already a house on your property, you may not be entitled to build another one.  You will need to comply with the provisions of the Blayney Local Environmental Plan 2012, in particular Clause 4.2A. You may also speak to one of Council's Town Planners if you wish to build an additional dwelling on your farm.

 

Construction Certificate

As well as obtaining Development Consent, if you are undertaking any building or structural work, you will need to obtain a Construction Certificate (previously a Building Application). A Construction Certificate essentially certifies that the detailed construction plans and specifications for the development are consistent with the Development Consent and comply with the Building Code of Australia (BCA). This Certificate is required prior to commencing work. You may obtain a Construction Certificate from Council or from a private accredited certifier.

 

Principal Certifying Authority

A Principal Certifying Authority (PCA) plays an integral role in the construction process, overseeing the project from the commencement of work through to the completion of the building, conducting inspections at each required stage.  You can either appoint Council or an Accredited Private Certifier to be the PCA. Council's Building Assessment Team offers a professional service if appointed as the PCA.

Prior to any building or subdivision work being carried out, a construction certificate must be approved and a PCA must be appointed for the development.  If you decide to appoint Council as your PCA please complete Council's Principal Certifying Authority Service Appointment form and submit to Council. If you do not appoint Council as the PCA, you must notify Council of the appointment of the accredited Private Certifier at least 2 days prior to the commencement of any building work.

 

Sediment & Erosion Control on Construction Sites

Soil erosion on building sites can be a major source of sediment pollution in our waterways. In fact, a single building block can lose four truckloads of soil in one storm.  Washed from the site into stormwater drains this sediment is eventually deposited in creeks and rivers in the area.  Although a single block of land may seem a small part of the river catchment, the cumulative effect of polluted runoff from a number of building sites can have a dramatic impact on water quality.

 

Building Certificate

A Building Certificate is a certificate issued by Council under the Environmental Planning & Assessment Act 1979, stating it will not Order or take proceedings for an Order, to have the building (covered by the certificate) demolished, altered, added to or rebuilt. In addition, Council will not take proceedings in relation to any encroachment of the building onto land under the control of Council. The certificate is valid for a period of seven (7) years.

Obtaining a Building Certificate for a property is a way an owner, potential purchaser or a financial institution can be assured that the structural assets on the property are in reasonable repair, safe and have the approval of Council. A Building Certificate is often obtained for the sale of the property or refinancing loans associated with the property.

A Building Certificate can be applied for by the owner(s) of the land on which the building is erected, anyone having the owner(s) written consent, a solicitor or conveyancing agent acting for a purchaser or the owner(s) or a public authority that has notified the owner(s) of its intention to apply for the certificate.

 

Occupation Certificate

Prior to occupation or use of any building an Occupation Certificate must be issued by the Principal Certifying Authority

An occupation certificate authorises:

  • The occupation and use of a new building, including an addition to a building, or

  • A change of building use for an existing building.

In the case of buildings other than single dwellings, dual occupancy and related development, the application must be accompanied by a Fire Safety Certificate. It may be either an interim or final certificate and may be issued for the whole or any part of the building.  

Council's fees for an Application for an Occupation Certificate are very competitive. In the case of current development our fee for an occupation certificate is included in our PCA/inspection fees.

 

Compliance Certificate

A Compliance Certificate states that various works such as slab, footings, frames, internal and external drainage plumbing and wet areas have been completed and comply with the plans and specifications of the building. How many are required:


Carports, Garages, patio Covers, Renovations etc.

1 is generally required for footing/slab inspection

Dwelling additions not involving bathroom, kitchen, laundry or WC areas

2 are required footing/slab and frame

Dwelling additions involving bathroom, kitchen, laundry & WC areas

4 are required for footing/slab, frame, wet area, internal & external drainage

Dwelling

5 are required for footing/slab, frame, wet area, internal and external drainage

Industrial/Commercial

Need to be assessed on their individual merits. There could be some certification

Refunds will be made after the Occupation Certificate is issued for inspections not required.

 

Building Compliance

Blayney Council views illegal building work, or the failure to comply with the terms and conditions of a development consent, as extremely serious.  Council is committed to rigorously monitoring any unauthorised changes to development applications or illegal building works.  The consequences of carrying out illegal building works are significant and you should not under any circumstances risk it!

 

Fire Safety Measures

In the case of buildings other than single dwellings, dual occupancy and related developments, an Occupation Certificate must be accompanied by a Fire Safety Certificate.  Under the provisions of the Environmental Planning and Assessment Regulation 2000, prior to the occupation of a new building or part of a building and upon completion of works required under a Council Fire Safety Order, a Fire Safety Certificate is required to be submitted to Council. The owner/s of a building must also submit a Fire Safety Statement to Council on an annual basis.

 

Private Swimming Pools

New Swimming Pool Laws

In 2012, a comprehensive review of the Swimming Pools Act 1992 was finalised. This review identified a number of amendments designed to enhance the safety of children under the age of five years around private (‘backyard’) swimming pools in NSW.  The new laws will include:

Online Pool Register

Pool owners must register their swimming pool and/or spa pool in a State-wide pool register from 29 April 2013. Pool owners will have 6 months to ensure their pool is registered (by 29 October 2013). Penalties will apply for failing to register. Registrations will be available through www.swimmingpoolregister.nsw.gov.au and are free of charge.

Selling or Leasing a property with a Pool

From 29 April 2014, a pool owner must obtain a Swimming Pool Compliance Certificate before the property can be sold or leased.

Tourist and Visitor Accommodation

A Swimming Pool Compliance Certificate is required at least once every 3 years, for properties on which there is tourist and visitor accommodation or more than 2 dwellings. This requirement starts from 29 April 2014.

Pool owners can make an application to Council for a  Swimming Pool Compliance Certificate at any time, regardless of whether they intend to sell or lease their property.  The Certificate will be valid for 3 years, so long as the fencing remains compliant during that time.

Council’s mandatory Inspection Program

Council will develop and implement a swimming pool barrier inspection program in consultation with our community and report annually (via Council's Annual Report) on the number of pool inspections undertaken and the level of compliance.

 

Plumbing and Drainage

All plumbing and drainage work carried out in the Shire must comply with the current version of the Plumbing Code of Australia and Australia Standard AS/NZS 3500 and all work must be undertaken by a NSW licensed plumber.

NSW Fair Trading licenses plumbers and drainers under the Home Building Act 1989 and all plumbing and drainage work must be completed by a person who holds a licence, qualified supervisor certificate or a trades person certificate. In addition, a system of on-site regulation ensures that NSW plumbing and drainage work is monitored, so it complies with technical standards and regulations.

Plumbing and drainage works in areas of Blayney Shire not serviced by Central Tablelands Water sewer or water supply, must be approved by Council.  If your property is serviced by a town water supply refer to Plumbing Services or Plumbing and Drainage Inspections on the Central Tablelands Water website.

 

Last modified: 01 Sep 2013

Blayney Shire Council

91 Adelaide Street, Blayney NSW 2799
PO Box 62, Blayney NSW 2799
Telephone: (02) 6368 2104
Facsimilie: (02) 6368 3290
Email: council@blayney.nsw.gov.au

Council opening hours:
Monday to Friday
9.00am - 4.30pm

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