Compliance cost notices
A compliance cost notice is a legal notice that may be served by North Sydney Council to recover the reasonable costs and expenses associated with compliance activities. Activities incurring reasonable costs and expenses may include:
- an investigation that leads to the issuing of a development control order (DCO)
- preparing or serving a notice of intention to issue a DCO
- monitoring actions under a DCO
- ensuring compliance with a DCO
- any other matters associated with the DCO
Compliance cost notices help ensure the costs associated with compliance action or a DCO are recovered from those who have been issued with the DCO, instead of ratepayers.
A compliance cost notice will only be issued after a DCO has been issued.
The compliance cost notice will be served to the recipient of the DCO. It will detail the total amount to be recovered, a breakdown of cost categories and the payment due date.
Additional compliance cost notices may be issued to recover ongoing costs incurred after the DCO has been issued, such as costs associated with monitoring actions, ensuring compliance or other matters associated with the DCO.
Safeguards
Council can only recover reasonable costs and expenses associated with compliance investigations. Where builders and developers believe the charges are unreasonable, they can challenge this in the Land and Environment Court within 28 days after the notice is served.
For more information, contact Council’s Environment and Building Compliance team on 9936 8100.