Construction certificates in NSW

Which DA conditions must be met first?

Conditions in a development approval are normally grouped by stage, and one group has to be satisfied before a CC can issue. Under NSW law the CC plans must also line up with the approval and with the building code.

According to Building Commission NSW guidance, only conditions that relate to that stage of the build must be satisfied at CC stage. Conditions about the later use of the building are handled further down the track. Lodge evidence for each condition with your application, for example a receipt, an authority approval or amended drawings, without waiting to be asked.

Will the long service levy apply?

Work worth $250,000 or more (GST inclusive) attracts the building industry long service levy, charged at 0.25% of what the work costs. A CC cannot be released by a council or certifier until that payment is made.

Until 1 January 2023 the threshold was $25,000 and the rate 0.35%, so older advice may be out of date. A reduction may be available to permit-holding owner-builders.

What about council contributions and Sydney Water?

Your approval may require a local infrastructure contribution paid to council. The condition commonly requires payment before the first CC. The exact wording, and any deferral council has agreed to in writing, decides when you must actually pay.

In Sydney Water's area, a project that needs building approval also needs Sydney Water approval. You request it through the Sydney Water Tap in service. The check confirms your work will not damage water or wastewater pipes, or stop Sydney Water working on them. Even a pool or home extension can need it. Work affecting Sydney Water pipes may be sent to a water servicing coordinator.

What if my detailed design differs from the DA?

A CC can only approve work that is consistent with the development approval. Engineering, drainage or BASIX (energy and water) details sometimes change the approved design. If so, you may need council to modify the DA first. Minor errors and low-impact changes have simpler routes. Bigger changes are possible if the development stays substantially the same.

Once the change is approved, your existing CC can be modified or a new one obtained. Building Commission NSW treats a CC that does not match the DA as a serious matter. A CC can also only approve future work, not work already done. Fix any mismatch before you lodge.

Which edition of the NCC applies?

A construction certificate (CC) checks your detailed design against the National Construction Code (NCC). The edition currently in force in NSW is NCC 2022 Amendment 2, which took effect on 29 July 2025. Most CC applications lodged on or after that date are assessed against it, so the lodgement date matters if the drawings were prepared earlier.

NSW has announced that NCC 2025 will be adopted in the state from 1 May 2027. If your CC is likely to be lodged near or after that date, confirm with your designer which edition the drawings follow. NSW also has its own variations to the code, and these apply alongside the national text.

Compliance can be shown through the deemed-to-satisfy provisions, through a performance solution, or through a combination. A performance solution needs its own supporting evidence, so raise any proposed solution early in the process instead of leaving it to the final stages.

BASIX at construction certificate stage

Where BASIX (the Building Sustainability Index) applies, the BASIX certificate has to accompany the CC application. Every commitment on it, such as insulation, glazing, water fittings and rainwater tank capacity, should be drawn or noted on the construction plans.

If the design has changed since the DA, the certificate must be revised so the two agree. Revising it costs nothing for the same site and project, provided it has already been lodged or remains within its lodgement window. That window is 3 months from when the certificate is generated, so one produced too early may need replacing.

Once the home is finished, the certifier issues a BASIX completion receipt, confirming it was built to the certificate. Commitments left off the CC plans are easy to miss on site and hard to prove at that point.

Before the assessment starts

A certifier cannot start work on a CC until a certification contract is in place, and that contract must require fees to be paid before lodgement. Filling in the application form on the NSW Planning Portal does not create the contract.

Whether the site is inspected first depends on the work. If the CC is for a new house on vacant land, the law does not require an inspection beforehand. If the CC work affects an existing building, such as an extension or alteration, a site inspection has to happen before the certificate is issued.

What if part of the house was never approved?

The planning laws do not expressly stop a CC being issued for extensions to a house with unapproved parts. In practice, council usually looks at the unapproved work while it assesses the development application (DA), and it may require that work to be fixed first.

A building information certificate from council can protect existing work from certain orders, yet it does not approve anything. It is not grounds for issuing a CC or an occupation certificate, and a certifier cannot make you obtain one. If older work may be raised by council, deal with it before the DA is lodged.

Will the DA lapse before you build?

A development consent normally lasts 5 years, counted from when it starts to operate, unless council sets a different period. It does not lapse once the work has physically commenced, and the consent shows its lapse date.

Council guidance is clear that survey work, such as placing pegs, does not count as commencement, and work done without the required approvals is not accepted as a start. The law does not allow the 5 years to be extended, so plan the CC well inside that window and leave time to clear the conditions that come first.