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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 Direction 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 the Council of the matter for further investigation and compliance action. Upon receipt of this advice, Council is responsible for ensuring the non-compliance is remedied.
Concerns with Private Registered Certifiers
Council do 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.
Compliance and Enforcement process
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 time frames:
- 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’s Rangers and Parking Services Department, with a formal investigation to be followed up by Council’s Environment and Building Compliance Department.
All individuals who raise concerns with the Council should receive communication from the designated Council officer within 21 days. This communication should outline the actions taken or planned by the Council regarding 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.
Exempt Development
Some forms of development do not require consent if the work complies with pre-determined standards detailed in the following planning documents: