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If you have concerns about specific construction works, you should contact the nominated Principle Certifying Authority (PCA) in the first instance. A PCA can be a Private Certifier or the local Council.
If a Private Certifier fails to address the concerns raised, Council should be contacted for further assistance. If you have concerns about the work of a Principle Certifying Authority, including Councils, Fair Trading can investigate.
Where urgent action is required because of environmental risks, or where there is a significant breach of the development consent, contact Council immediately.
When you report an issue to Council, please provide the following information:
- property address relating to the complaint
- specific details of the issue
- your contact details – these details will be kept confidential by Council Officers but are needed if further clarification of your concerns/issues are required
- Development Application number (if known or applicable)
- confirmation that the Principal Certifying Authority (PCA) has been contacted in the first instance (if known or applicable).
Some developments do not need consent if they fall under the category of an 'exempt' or 'complying' development detailed in the planning documents below:
- Schedule 2 – Exempt Development of our LEP 2013
- Part 2 – Exempt Development Codes of SEPP (Exempt and Complying Development Codes) 2008
Damage to property
If a neighbouring construction site has caused damage to your property, you should still contact the Principal Certifying Authority (PCA) in the first instance, before escalating to Council (if necessary).
Council is unable to grant permission for one property owner to access another property to carry out works, including repair.
As Council may only enforce requirements of a condition of a development consent, you may need to attend mediation with a Community Justice Centre or commence your own civil proceedings.
Contact Council
Our Customer Service Centre operates from 9am to 5pm. Our Council Rangers are on duty and contactable seven days a week from 5.30am to midnight.
Address:Unauthorised out of hours Construction works and noise pollution
If you see works being conducted outside of our standard construction hours and they are not listed in our approved out of hours, contact our Customer Service Centre and ask to speak to our Council rangers who will investigate.
For Council staff to assist, please be ready to provide key details about the disturbance, including dates, times, type and location of the works.
Standard construction hours
Monday to Friday
7am - 7pm (for B3 Commercial Core and B4 Mixed Use)
7am - 5pm (for all other zones)
Saturday
8am - 1pm
Sunday
No work permitted
Council can approve work outside of these hours, however approval is only granted in extreme circumstances, like shop fit-outs overnight or where demolition or erection of structures such as cranes or hoardings may be a risk to public safety during daylight hours. Please note, some third parties do not need Council permission to carry out emergency works.
Members of the public wishing to report or inquire about noise pollution should contact the organisation responsible for its regulation on the NSW Environmental Protection Authority (EPA) website.
Enforcement of unlawful construction works
Regulatory action taken by Council varies according to the circumstances, but may include:
- a Notice and/or Order to have works rectified or addressed
- Penalty Infringement Notice (fine)
- legal action in either the Local Court or the Land and Environment Court.
Failure to comply with Notices and Orders may result in a fine or prosecution. There is a right to appeal an Order. A Notice or Order can be issued concurrently with a Penalty Infringement Notice (fine) or enforcement proceedings. Council can approach the Courts for appropriate Orders but we are also able to start civil proceedings in the Courts, without the issuing of an Order. Negligent or wilful non-compliance with an Order is likely to result in prosecution.
Penalty Infringement Notices (fines)
Council may elect to issue a fine for certain offences instead of starting prosecution proceedings in the Local Court or the Land and Environment Court.
Fines generally range from $100 up to $2000. Council Officers will issue a fine if it is considered to be appropriate with the seriousness of the offence.
Paying a fine is not an admission of liability or guilt. When you pay a fine, you cannot be prosecuted for the same offence, however, Council may still seek rectification of unlawful work by issuing an Order or Court action.
Council's Compliance and Enforcement Policy provides a framework for how we manage building and environmental compliance.