A Building Certificate is issued under the Environmental Planning and Assessment Act 1979.
The certificate prevents Council, for a period of seven years, from making an Order requiring the building to be repaired, demolished, altered, added to or rebuilt, except in the case of fair wear and tear over that period.
When to apply for a Building Certificate
The certificate is usually requested by a buyer or seller of a property before settlement to ensure that what is being bought or sold is not going to be the subject of action by Council. A Building Certificate may also be needed when work is completed without the necessary approvals being issued by Council or an Accredited Certifier.
A Building Certificate application can be made by:
- the owner of the property, or
- any other person, with the consent of the owner of the property, or
- the purchaser under a contract for the sale of property (including the purchaser's solicitor or agent)
- a public authority that has notified the owner of its intention to apply for the certificate.
Applying for a Building Certificate
You can apply for a Building Certificate by completing the following application and paying the application fee:
- Building Certificate Application (733.9 KB)
- The application fee of $250* is to be paid at the time you lodge your application.
- *N.B - If the property exceeds 200m2 or additional inspections are required, additional fees will apply. Please contact Council's Development Helpdesk for a detailed quote.
- Building Certificate fees are set under the Environmental Planning and Assessment Regulation 2000 (the Regulation). Residential properties have a set application fee of $250* per dwelling (refer to above). The fee for other building types is calculated according to the floor area of the building. The total floor area of the building to be inspected needs to be included on the application form.
- For other development types, please refer to the fees in clause 260 of the Regulation or contact our Development Helpdesk.
- A Building Certificate application must include a Survey Report and plan. The Survey Report and plan must represent the property and buildings as they exist at the time of lodging the application. Further information may be needed (including building plans, specifications and certificates) to enable Council to assess the application.
The application can be submitted either of the following ways:
- in person at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm
- you can email your application to:
- E: Council
- you can mail your application to:
- Development Helpdesk, Eurobodalla Shire Council, PO Box 99 MORUYA NSW 2537
- you will need to pay your application fee at the time of lodgement.
A Building Certificate application may be for a part or whole of a building. If you would like the application to include all buildings on the property you must list each building separately, eg, dwelling, shed, pergola with retaining wall and swimming pool.
Frequently asked questions
How is a Building Certificate different from a Section 149 Planning Certificate?
A Building Certificate is issued under Section 149D of the Environmental Planning and Assessment Act 1979 and applies to buildings situated on the land.
A Planning Certificate is issued under Section 149(2) and Section 149(5) of the Environmental Planning and Assessment Act 1979 and provides information about planning controls and development restrictions relating to a property.
Can I submit an old Survey Report with my Building Certificate application?
Yes you can, as long as the Survey Report accompanying your application is a current representation of all structures and buildings on the land as they exist at the time you lodge your application.
If there have been any building works undertaken since the preparation of your Survey Report, a new report will be required to include the additional building works.
Does my property need to be inspected by Council before a Building Certificate is issued?
Yes, details of the contact person available to organise access must be provided on the application.
Upon registration of the Building Certificate Application, a Development Admin Officer will contact you to organise a suitable time for the building inspection and will confirm whether access is available on the allocated inspection date.
How long will my Building Certificate take to process?
Your Building Certificate will usually be processed within five working days and will be either emailed or mailed to the address specified on the application.
If access to your property is not available to the Council officer on the scheduled day of inspection, this may cause a delay. You must ensure that access is available for Council's officer during business hours.
Are there any other penalties for unauthorised works?
We can help you
If you need more information about Building Certificates, please phone our Development Helpdesk:
- T: 02 4474 1231
- E: Council's Development Helpdesk
- visit our customer service centre at the corner of Vulcan Street and Campbell Street, Moruya, Monday to Friday between 8.30am and 4.30pm.