Rights and responsibilities

Property owners are responsible for complying with the conditions of the development consent or complying development certificate.

Property owners have a number of legal responsibilities throughout the development process. These depend on the type of development, the relevant planning controls, and whether the owner is also the builder (i.e. an owner-builder).

As far as certification is concerned, the person with the benefit of development consent (usually the property owner) should:

  • ask council what development certificates are required
  • apply for a development consent or complying development certificate
  • apply for a construction certificate (unless you have a complying development certificate)
  • engage a principal certifying authority (PCA) and notify council within two days
  • talk to your PCA to find out what critical stage inspections are required and ask for all the forms you need
  • notify the council (and your neighbours, if complying development) before starting work
  • keep in regular contact with your builder and PCA during construction
  • apply for an occupation certificate and/or subdivision certificate from your PCA at the end of the work.

What are my rights when I engage a certifier?

Property owners are entitled to:

  • choose their own principal certifying authority, and other certifiers as required, without being pressured into engaging a particular certifier
  • engage a certifier who fulfils their legal obligations as an accredited certifier, as described under obligations for certifiers
  • receive confirmation that their certifier’s accreditation and insurance are current and appropriate
  • receive updates from their certifier (such as about the progress of an application or outcome of an inspection)
  • lodge a formal complaint with the Board if they are concerned about their certifier, but only after other reasonable means to resolve concerns have been exhausted.