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Compliance and enforcement process
If you have concerns about works in our Council area, you can report them to us. If the concerns fall into one of the following categories, Council's Environment and Building Compliance team can investigate:
- Unauthorised land use – where the use of the property is not in accordance with the development consent or where the use is occurring without appropriate consent
- Works not being undertaken in accordance with development consent
- Works carried out without appropriate approval under the provisions of the Environmental Planning and Assessment Act 1979 and/or the Local Government Act 1993
Once you raise an action request, the team will begin an investigation. They may take the following steps:
- contact the customer raising the request for further information
- undertake a file search of the subject property
- inspect the subject property to collect evidence
- interview relevant stakeholders to collect information and evidence
- use the collected evidence to make a determination in accordance with Council's Compliance and Enforcement Policy
If the investigation leads to Council issuing a development control order (DCO), we may serve a compliance cost notice to the recipient of the DCO to recover reasonable costs incurred in the investigation, preparation and enforcement of the DCO. This ensures the financial responsibility for compliance action is directed to the person responsible for the non-compliance, rather than ratepayers.
Compliance priorities and categories
All concerns relating to alleged unlawful activity should be acknowledged within five (5) working days and actioned in accordance with the following timeframes:
- urgent and life-threatening matters (eg building collapse) – as soon as possible
- general compliance matters (eg unauthorised building work) – 5 working days
- nuisance matters (eg domestic noise, overgrown vegetation) – 10 working days
- out of hours requests (eg out of hours construction) – initial action by Council Rangers, with a formal investigation to be followed up by Council’s Environment and Building Compliance team
All individuals who raise concerns with Council should receive communication from the designated Council officer within 21 days. This communication should outline the actions Council has taken or plans to take to address the matter raised.
Compliance inspections
Council carries out inspections of developments and reviews required documentation to ensure compliance with the relevant legislation and conditions of consent.
Compliance action
Compliance and enforcement action taken by Council varies according to the circumstances but may include:
- a notice/development control order to rectify the non-compliance
- penalty notice (fine)
- legal action in either the Local Court or the Land and Environment Court of New South Wales
Compliance and Enforcement Policy
Council officers undertake investigations, inspections and compliance action in accordance with Council’s Compliance and Enforcement Policy.
Concerns with development sites
Any concerns relating to building work or a development site should be referred to the Principal Certifier in the first instance. Where urgent action is required due to environmental risks, please contact Council immediately.
The name, address and telephone number of the Principal Certifier should be provided on site in a prominent location that can be easily read by a person from the public road or public space adjacent to the site.
Section 6.31 of the Environmental Planning and Assessment Act requires the Principal Certifier to issue a Written Directions Notice (WDN) within 2 business days of becoming aware of any non-compliance. A WDN must be issued to the person responsible for that aspect of the development and direct them to take specified action to remedy the non-compliance.
If the person fails to comply with the WDN, the Principal Certifier must advise Council of the matter for further investigation and compliance action. After receiving this advice, Council is responsible for ensuring the non-compliance is remedied.
Concerns about private registered certifiers
Council does not register or regulate private certifiers. Any concerns relating to professional conduct or lack of action taken by a private certifier must be submitted to NSW Fair Trading using the Registered Certifier Complaint Form.
NSW Fair Trading maintains a Public Register of Registered Certifiers that includes the contact information of all Registered Certifiers and a Disciplinary Register of Registered Certifiers.
Exempt development
Some forms of development do not require consent if the work complies with pre-determined standards detailed in the following planning documents:
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.