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Where a Development Consent has been issued for proposals involving building work, a Construction Certificate must be obtained and then prior to commencement of any building work the owner must appoint a NSW suitably accredited certifier to undertake the certification and inspection work for your development.

What is a Construction Certificate?

A Construction Certificate is an approval that:
  • Certifies that work completed in accordance with the approved plans and specifications will comply with the Building Code of Australia and any other relevant Australian standard
  • Certifies that the detailed construction plans and specifications are consistent with the Development Consent
  • Certifies that the relevent consent conditions have been complied with
  • Certifies that all necessary contributions and fees have been paid

When should you submit your application for a Construction Certificate?

An Application for a Construction Certificate may be lodged at the same time as your Development Application or at any time after the lodgement of the Development Application. A Construction Certificate application form is available for this purpose and where the application is for a single dwelling and or a structure associated with a single dwelling a combined application form is available for this purpose.

Lodging the Construction Certificate application and Development Application concurrently will improve the processing time of the Construction Certificate as Council’s Building Surveyors/Certifiers will be able to undertake an assessment of your proposal while the Development Application is being assessed. A Construction Certificate cannot be issued unless it is consistent with the Development Consent and the Development Consent itself has been issued. Where a Development Consent has been issued for proposals involving building work, a Construction Certificate must be obtained and then prior to commencement of any building work.

Lodgement Requirements

Your application must be submitted on the Construction Certificate Application Form provided by Council. You are encouraged to submit your application either electronically via the attached link Lodgement or in person at Council's Murwillumbah office. Council will check it to ensure that all of the necessary information has been provided. A fee quote can be obtained from Council prior to lodgement and applicable fees must accompany your application. We also require:
  • Copy of structural details for the proposal including footing and floor slab design, framing and bracing details and other details addressing relevant Building Code of Australia requirements
  • Copy of specifications. Specifications are a statement of building requirements describing the loading conditions, design practices, materials and finishes. Specifications are typically drafted by architect/draftsperson or specification booklets can be purchased from some newsagents
  • Copy of BASIX certificates ensuring that the requirements of the BASIX certificate are also shown on the plans and specifications
  • Copy of full architectural plans
In addition to the above some proposed works may require:
  • copies of Compliance Certificates relied upon e.g. an engineers design certificate
  • acoustic certification
  • fire safety measures and fire resisting construction detail
  • alternative solution information if your proposal does not satisfy the deemed provisions of the BCA.
For statutory Construction Certificate submission requirements, please see Part 3 Schedule 1 of EP and AA Regulations on their web site.

This application can only be lodged at the Murwillumbah Office, before 4pm Monday to Friday. For more locations and contact information see Contact Us.

Long Service Levy

The NSW Government has put a levy on all building and construction work valued at $25,000 or more (inclusive of GST). The levy rate is 0.35% of the total cost of the work as determined by the consent/certifying authority. The building applicant or the person for whom the work is being done is liable to pay the levy.

Council is an agent for the collection of long service levy payments and you are encouraged to pay the levy when lodging your Construction Certificate. If paying direct to the Long Service Payments Corporation, Council will require proof of payment.

If you are an owner-builder, non profit organisation or church you may be eligible for a partial exemption of up to 50% of the levy payable. The exemption is calculated on the content of voluntary labour performed. An exemption should be applied for prior to lodging a Construction Certificate and a copy of the exemption certificate submitted with your application to Council. Alternatively, you can pay the long service levy in full and apply to the Long Service Payments Corporation for the exemption and a refund of the exempt portion of the levy, within 3 months of the payment. You will require proof of payment for any refund.

For further information please call the Helpline on 13 1441 or visit

What other applications and approvals do I need?

Construction of a building often necessitates further works not specific to the construction in order to satisfy conditions of the Development Consent, environmental constraints and connection to infrastructure. Therefore, you may need some or all of the following associated applications. For more information see 1. Associated Applications.


Summary of main steps of Construction Certificate assessment:

  1. Once lodged, your Construction Certificate application goes through an initial review and is assigned to a Building Surveyor.
  2. Council then checks that your Construction Certificate application:
    • complies with the Building Code of Australia (BCA)
    • is consistent with the plans approved under the Development Consent
    • complies with the conditions of the Development Consent
    • complies with BASIX commitments and those commitments are shown on the submitted plans
    • complies with relevant bushfire provisions
    • complies with other Construction Certificate submission requirements
    • is consistant with the site conditions (site inspection to be carried out)
  3. You will be advised if further information is required prior to determination of the Construction Certificate.
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