Working Together for Better Building Certification

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Consultation has concluded

Update

Thank you for your interest in the community engagement program undertaken as part of Council’s actions to lobby the NSW Government to increase the accountability of development and building sites under the control of private certifiers.

On 24 April 2023, Council resolved to endorse a set of actions and recommendations aimed at the State Government and Council to implement and improve the processes and procedures of the certification sector.

The following actions will be submitted to the State Government for consideration:

  • The establishment of a dedicated team within the Department of Fair Trading to assist the community with enquiries regarding Class 1 developments where a Private Certifier has been appointed as the Principal Certifying Authority (PCA).
  • The Planning Portal is ungraded to ensure greater public visibility in areas such as
      • access to the progressive lodgment of documents, certificates and plans.
      • lodgment of complaints, which are to actioned by the PCA.
      • The Complaint Inspection report is lodged in the portal by the PCA within two days of undertaking an inspection/ investigation.
  • New penalty categories are introduced for a PCA - such as breaching conditions of consent.
  • Amendment to the legislation to authorise Councils to fine/ penalise a PCA for non-compliance with the legislation.

The following actions be implemented by Council:

  • Development of a new framework for managing sites controlled by private certifiers - this involves the development of a Policy and procedures that outlines Council and the Department of Fair Trading’s role in relation to development sites where a private certifier has been appointed as the PCA.
  • Publish redacted CDC plans in the Council’s Website Application Tracker.
  • Explore the creation of a service to assist residents resolve civil disputes - e.g., fences, storm water etc.



Council wants your help to lobby the NSW Government to increase the accountability and transparency of private certifiers who are the independent regulators of development and building sites.


If a private certifier is the independent regulator, Council has no authority over the actions of the private certifier.

Some private certifiers are of great concern to the community in the way they manage construction for dwellings, dual occupancies, additions and granny flats.

If residents complain to Council about a site that is under the control of a private certifier, Council's first course of action is to direct the resident to the private certifier to address the issue.

The role of private certifiers and the impact on the community have been an issue for many years. Council has written about this to the appropriate ministers requesting a change to the legislation many times but have not received a constructive response and way forward to address our concerns.

We need your help to get the NSW Government to make changes that will give Council greater control over private certifiers.

The three outcomes we are trying to achieve:

  1. Changing process to improve transparency around complying development certificates and construction certificates by making information available to the public.
  2. Improving the management of the site by certifiers.
  3. Giving councils authority over the certifier.

To make the certification system:

  1. More open and transparent
  2. More responsive
  3. More accountable

To do this, we want to collect real stories that our residents have experienced and present them to the NSW Government.

For more information on how private certification currently works, check out the Frequently Asked Questions (in the column on the right side of your screen) or visit our web page.


How to be involved

What is your experience with Private Certifiers on development or building sites near you? Tell us your story. Council will collect these real stories and use them to illustrate why Council is seeking accountability by Private Certifiers. You can contribute by:

Submitting a story of an experience you've had with a private certifier (via the storyboard or submission box below), or


Returning a hard copy story submission.

Taking our survey (you can find this at the bottom of the page, underneath the 'Private Story Submission' tab)



If you are returning a hard copy submission, please quote SF22/6178 Public Submission - Private Certifier Project at the beginning of your submission and return:

Via post: PO Box 205, Hurstville BC NSW 1481



Do you need assistance reading and accessing this page?

For a free interpreter call us via the Translating and Interpreting Service (TIS) on 131 450

If you have a hearing or speech impairment, please contact the National Relay Service:

  • Voice Relay number: 1300 555 727
  • TTY number: 133 677

Update

Thank you for your interest in the community engagement program undertaken as part of Council’s actions to lobby the NSW Government to increase the accountability of development and building sites under the control of private certifiers.

On 24 April 2023, Council resolved to endorse a set of actions and recommendations aimed at the State Government and Council to implement and improve the processes and procedures of the certification sector.

The following actions will be submitted to the State Government for consideration:

  • The establishment of a dedicated team within the Department of Fair Trading to assist the community with enquiries regarding Class 1 developments where a Private Certifier has been appointed as the Principal Certifying Authority (PCA).
  • The Planning Portal is ungraded to ensure greater public visibility in areas such as
      • access to the progressive lodgment of documents, certificates and plans.
      • lodgment of complaints, which are to actioned by the PCA.
      • The Complaint Inspection report is lodged in the portal by the PCA within two days of undertaking an inspection/ investigation.
  • New penalty categories are introduced for a PCA - such as breaching conditions of consent.
  • Amendment to the legislation to authorise Councils to fine/ penalise a PCA for non-compliance with the legislation.

The following actions be implemented by Council:

  • Development of a new framework for managing sites controlled by private certifiers - this involves the development of a Policy and procedures that outlines Council and the Department of Fair Trading’s role in relation to development sites where a private certifier has been appointed as the PCA.
  • Publish redacted CDC plans in the Council’s Website Application Tracker.
  • Explore the creation of a service to assist residents resolve civil disputes - e.g., fences, storm water etc.



Council wants your help to lobby the NSW Government to increase the accountability and transparency of private certifiers who are the independent regulators of development and building sites.


If a private certifier is the independent regulator, Council has no authority over the actions of the private certifier.

Some private certifiers are of great concern to the community in the way they manage construction for dwellings, dual occupancies, additions and granny flats.

If residents complain to Council about a site that is under the control of a private certifier, Council's first course of action is to direct the resident to the private certifier to address the issue.

The role of private certifiers and the impact on the community have been an issue for many years. Council has written about this to the appropriate ministers requesting a change to the legislation many times but have not received a constructive response and way forward to address our concerns.

We need your help to get the NSW Government to make changes that will give Council greater control over private certifiers.

The three outcomes we are trying to achieve:

  1. Changing process to improve transparency around complying development certificates and construction certificates by making information available to the public.
  2. Improving the management of the site by certifiers.
  3. Giving councils authority over the certifier.

To make the certification system:

  1. More open and transparent
  2. More responsive
  3. More accountable

To do this, we want to collect real stories that our residents have experienced and present them to the NSW Government.

For more information on how private certification currently works, check out the Frequently Asked Questions (in the column on the right side of your screen) or visit our web page.


How to be involved

What is your experience with Private Certifiers on development or building sites near you? Tell us your story. Council will collect these real stories and use them to illustrate why Council is seeking accountability by Private Certifiers. You can contribute by:

Submitting a story of an experience you've had with a private certifier (via the storyboard or submission box below), or


Returning a hard copy story submission.

Taking our survey (you can find this at the bottom of the page, underneath the 'Private Story Submission' tab)



If you are returning a hard copy submission, please quote SF22/6178 Public Submission - Private Certifier Project at the beginning of your submission and return:

Via post: PO Box 205, Hurstville BC NSW 1481



Do you need assistance reading and accessing this page?

For a free interpreter call us via the Translating and Interpreting Service (TIS) on 131 450

If you have a hearing or speech impairment, please contact the National Relay Service:

  • Voice Relay number: 1300 555 727
  • TTY number: 133 677

Tell us your story

What is your experience with Private Certifiers on development or building sites near you? Tell us your story. 

You can type your story and/or share photos, but please do not include names and addresses for privacy reasons. You can also record yourself on video to tell your story. 

Council will collect these real stories and use them to illustrate why Council is seeking more accountability and transparency from Private Certifiers.

Please note: Any file upload shouldn't be more than 5MB ideally (although the upper limit is 200 MB). The larger the file, the longer the upload time. There is no character limit.

Thank you for sharing your story with us.
CLOSED: This discussion has concluded.

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    Mr. Jerry Lalis Cephalonian70@gmail.com

    by Jerry L, about 2 years ago
    We have seen a lot of bad workmanship the last few years, my experience with a private certifier is that he delegates his authority to his offsider who may or may not have the appropriate experience to inspect a specific piece of work.

    The classical example at Ashfield is the inspection of the ground floor slab and upturn steel reinforcement, the inspector as I have learned was " interested to see that the steel as specified by the engineer was in place" but that doesn't make sense it is part of the inspection and other things like spacings, cover, ties... Continue reading