A Building Certificate (Section 149D Certificate) is a certificate issued under the Environmental Planning & Assessment Act (and replaces the building certificate which was formally issued under the Local Government Act) which can be applied for where documentation of the structures are not held by Council. This may be due to the structure being built illegally or may have been built prior to a requirement under NSW Planning.
If issued, a Building Certificate does not approve the structure but does confirm that Council will not order that the structure be demolished for a period of 7 years.
To apply for a Building Certificate: An Application form must be completed with relevant property description, details of what the Building Certificate is for (part or whole structure/dwelling/shed etc.) and a current survey is to be attached.
If the building certificate is for a structure that may have been built without Council approval where approval was necessary additional certificates may be required
- certified structural details,
- septic details,
- flora/fauna reports,
- RFS reports etc.
Where a building has not had approval where that approval would have been required (either BA, DA, CC or CDC) all LEP & DCP requirements must be met, RFS, Septic, flora & fauna reports are required and fees are to match the fees required for a DA/CC (refer Clause 360(3B) Environmental Planning & Assessment Regulation 2000.