Since circa 1989, in New South Wales by legislation payment is required of a so-called Long Service Leave levy when applying for a Construction Certificate or Complying Development Certificate.
Since the 1 January 2023 a Long Service Leave Levy payment is required when the value of the new building work is ≥ $250K including GST with the prescribed rate of 0.25%, one can log onto www.longservice.nsw.gov.au to pay by following the prompts.
Upon issuing the Final Occupation Certificate the client kindly responded as follows:
‘‘Many thanks Michael, we feel very fortunate to have benefited from your knowledge and your efficiency in what can be a bewildering and complex process for us punters. All the best, Rod and Rochi’’ [of Earlwood NSW on the 20/2/2021]
Sent from my iPad
WATERPROOFING INSTALLATION CERTIFICATION EXAMPLE
STATE the signatory’s contact details – certificates should be on letterhead & must include ABN numbers for companies and/or builder/installers licence numbers where applicable
PROJECT ADDRESS;
Pursuant to the provisions of Part 6 of the Environmental Planning and Assessment Act 1979 and Section 145 of the Environmental Planning and Assessment Regulation 2000.
Pursuant to the provisions of NCC BCA Vol.2 2016 Part 3.8.1 I……………………………………………of………………………………………………………...…… (Name of Competent person providing this certificate) (Firm) ……………………………………………………………………………………………………………… (Address ) hereby certify:-
That the …waterproofing and wet areas….installed in the building (Building work/element) project comply with:-
a) The relevant clauses of the Building Code of Australia,………3.8.1 ……………………….
b) The architectural/services/structural plans and specifications approved by the Accredited Certifier and released for construction.
c) The relevant Australian Standards listed in the Building Code of Australia d) The following Australian Standards:……AS3740 – 2010 .…….…………………………….…...……….
e) Other practices or standards relied upon for this certification:………………………………..
f) Exclusions: YES/NO………………………………………………………………..………….....
Full Name of Competent Person : ……………………………………………………………………..………….
Qualifications and experience:……………………………………………………………………..………………………..
Address of Competent person : ………………………………………………………………….……………..
Phone numbers: Bus……………………Fax…………………Mob…..…………….……
Signature: ……………………………….. Date…………………………
MC
From 1 July 2018, the NSW Government requires a Principal Certifier to conduct mandatory certificate data reporting, no later than two days before building work starts in relation to a particular Construction Certificate or Complying Development Certificate or Principal Certifier service. Details about a project is to be recorded in a NSW Government database. The data reporting includes reporting of the mandatory CRITICAL STAGE INSPECTIONS as listed in Critical stage inspections 1.
MC
Under the NSW ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000, in the case of a class 1 and/or 10 building, the inspections that are to be carried out by the Principal Certifier [PC] are currently [with applicability as determined by the PC] :
after the barrier has been erected before filling pool with water, and
after excavation for, and prior to the placement of, any footings, and
prior to pouring any in-situ reinforced concrete building element, and
prior to covering of the framework for any floor, wall, roof or other building element, and
prior to covering waterproofing in any wet areas, and
prior to covering any stormwater drainage connections, and
After the building work has been completed and prior to any occupation certificate being issued in relation to the building (EPA REGS 2000).
MC
On the 6/7/2018 the NSW government legislated changes to the Exempt & Complying Development Codes SEPP 2008 proclaiming the Low Rise Medium Density Housing Code - dual occupancies (occs) , terraces & manor houses .
Many people were looking forward to the implementation of the latter with CDC's for dual occs., terraces and manor houses.
The problem is on the day 50 no. NSW Councils have deferred it till 1/7/2019. When you purchase a sec10.7 Planning Certificate it would say '' may not be carried out''. I have seen some.
Michael Como
Early March 2018 the Environmental Planning & Assessment Act 1979 was amended.
If a land owner wishes to apply for a Complying Development Certificate [CDC] they must first purchase a section 10.7 planning certificate from the relevant Council [ previously called a section 149 certificate].
Michael COMO
Early March 2018 the Environmental Planning & Assessment Act 1979 was amended.
If a land owner wishes to amend a DA Consent it requires a section 4.55 application to the relevant Council [ previously called a section 96 application].
An amendment may be for changes such as:
setbacks
R.L.'s of roof heights
bigger windows or doors
schedule of finishes
DA Consent condition.
Michael COMO
The DA or CDC requirement to pay the Long Service Leave Levy as required by the Building and Construction Industry Long Service Payments Act 1986 has been around for a long time.
In the construction industry of the early 1970's, as a trades person was employed for 3 months or for the duration of a contract, there was no chance of accruing long service entitlement of ten years and therefore no long service payout. The above legislation was introduced and amended.!
Initially employers were required to contribute for their employees to the Long Service Payments Corporation > Long Service Corporation [ the body that governs the scheme]. The government eventually decided developers were to contribute to the scheme with the result being by law, it's a DA or CDC requirement.
Michael COMO
Some DA Consent conditions require architectural drawing changes like addition of privacy screens on decks at a particular height, opaque glass to bathroom windows, opaque glass in a room to a particular height [ or even full height ], non-reflective building materials.
In a case where an applicant submitted plans for a double storey duplex development and thereafter the Council DA Consent imposed opaque glass to the full height of each and every window, the applicant submitted a sec96 application including plans with opaque glass to the half-way height. The sec96 application was approved by council, the dual occupancy was built and an Occupation Certificate was issued. Well at least now a person can look out of the window to see blue sky!
Michael COMO
As described in the National Construction Code Building Code of Australia: Class1 buildings include Class 1a single dwellings, detached houses, a group of attached dwellings such as terrace, town house or villa unit and Class 1b boarding house or guest house or hostel not greater than 300 m2 and not more than 12 residents; Class 10 buildings include Class 10a non-habitable private garage, carport, shed and Class 10b fence, mast, antenna, retaining wall or free-standing wall, swimming pool.
The construction certificates, complying development certificates and occupation certificates can only be issued if the completed building is compliant with the performance requirements of the NCC BCA by specifically complying with the Deemed-to-Satisfy Provisions of the NCC BCA.
Michael COMO
What was known for a long time as HOW = Home Owners Warranty, was changed by the government a couple of years ago to HBCF = Home Building Compensation Fund.
Under the NSW Home Building Act 1989 as amended, once a homeowner pays a licenced tradesperson over AUD $20,000.00 they must provide a HBCF insurance policy. In years gone past some have been faked and uncovered by the authorities with severe penalties imposed..
In relation to the issue of CC's and CDC's, if a homeowner declares on the application forms the work is AUD $20,0001.00 or greater, a HBCF insurance policy must be provided for inclusion in the bundle of CC or CDC documents. The necessity for the provision of a HBCF policy is always listed in a Council DA Consent and consequently on a standard COMO CC Fee Proposal Checklist for a CC. Also the provision of a HBCF policy is listed on a standard COMO CDC Fee Proposal Checklist for a CDC.
In early 2018 the NSW government will change the name again to HBF.
Michael COMO
Some standard DA Consent conditions basically require the forwarding of information wrapped up within a CC issued by a PCA of :
Long Service Leave Levy payment receipt
BASIX Certificate
Home Building Compensation Fund ( previously Home Owners Warranty Insurance Policy)
or Owner Builder Permit from Service NSW
Structural engineering drawings
Stormwater drawings
Sydney Water Tap in report including subsequent Water Services Coordinator requirements
Demolition (including asbestos management) Plan
Construction Management Plan
Traffic management Plan
Receipt of payment of a damage bond to the Council
Waste Management Plan
DIAL BEFORE YOU DIG (a free national service that provides advice on the location of underground pipes and cables)
Revised architectural plans with particular revisions like obscure glazing or privacy screens
Erosion, sediment and pollution control measures Plan .
Michael COMO
The pre-requisite for a Construction Certificate (CC) is a Development Application (DA) Consent from your local council. The DA Consent will detail the conditions and impositions of your council that must be adhered to. Some of the conditions are legislated in the NSW legislation, i.e. construction in accordance with the National Construction Code Building Code of Australia Volume 2, construction fulfilling BASIX requirements. From the operational date of your DA Consent you have a limitation date by which you must procure a CC and make a physical commencement on site.
Michael COMO
All new building work must comply with the requirements of the National Construction Code > Building Code of Australia Volume 2 (BCA), i.e. it doesn't apply to pre-existing buildings. The current edition that applies is BCA Volume 2, 2016.
As of early 2015 it is available for free to the public, all you need do is google it, follow the prompts > select > login etc. .
The BCA has many specifications within it, but in turn refers to listed Australia Standards with other specific specifications and requirements.
Michael COMO
Issue the following certificates involving class 1 and class 10 buildings under the BCA:
(a) complying development certificates for building work, the demolition or removal of a building or change of use,
(b) construction certificates and compliance certificates for building work,
(c) occupation certificates.
Exercise of functions under the Environmental Planning and Assessment Act 1979 as a principal certifying authority for building work involving buildings referred to above.
Carrying out of any inspections required under section 109E (3) (d) of the Environmental Planning and Assessment Act 1979 of buildings referred to above.
Carrying out of inspections under clauses 129B and 143B of the Environmental Planning and Assessment Regulation 2000.
COMO BUILDING P/L
PRIVATE BUILDING CERTIFIERS Michael COMO
VISIT
https://www.youtube.com/channel/UCcaERpBwIxxH8gh9z0XlQ4w
https://www.youtube.com/user/AskMichaelComo
0418 204 200
askmichaelcomo@gmail.com
Powered by Squarespace.
