2. PART 4A CERTIFICATION

COMPLIANCE CERTIFICATES (S109C (1)(a))

The only non essential certificate for the certification process unless required to satisfy a specific legislative provision or DA condition. The essence of their non essential use is to transfer liability to other professionals.

5 Types of compliance certificates:

1. (S109C (1) (a) (i) A specific building or subdivision work has been completed as specified (complying with the relevant plans, specifications or standards). [Can only be issued if a unexpired development consent or CDC has been issued (S109G)]

2. (S109C (1) (a) (ii) A condition with respect to building or subdivision from a development consent or CDC would has been satisfied. [Can only be issued if a unexpired development consent or CDC has been issued (S109G)]

3. (S109C (1) (a) (iii) A building (even a proposed one) has a specific BCA classification.

4. (S109C (1) (a) (iv) Any aspect of development complies with any provision under the Regs.

5. (S109C (1) (a) (v) Any aspect of development for the job (including design) complies with any requirements or particular standards specified in the certificate.

• Note that individual compliance certificates can deal with multiple matters and be of multiple types (S109C (1A))

What a compliance certificate must contain (C138 (1) Regs):

1. The identity of the certifying authority (in addition, if the certifying authority is an accredited body corporate, the identity of the individual who issued it.)

2. If the certifying authority is an accredited certifier, the accreditation number of the authority (again, if the certifying authority is an accredited body corporate, the accreditation number of the individual who issued it.)

3. The signature of the individual that issued it.

4. The description of the development.

5. The number of the development consent or CDC

6. Address and formal title references of the land.

7. Description of work inspected, how it has been inspected and the date and time of inspection(s).

8. A statement as to why the certificate was issued. (i.e. Type of certificate S109C (1) (a) of the Act)

Filing of Compliance Certificates

• The certificates must be accompained by any documents referred to in the certificate

• Certificates must be forwarded to the consent authority, and council (where council is not the consent authority) when formally lodging a Part 4A certificate or CDC.

OCCUPATION CERTIFICATES (S109C (1) (c) EPA Act)

These certificates authorise either the:

• (S109C (1) (c) (i)) the occupation and use of a new building (including extensions and alterations), or

• (S109C (1) (c) (ii)) a change of use for an existing building.

Types:

• An OC can be interim or final (S109C (2) (a)), and

• issued for either a part (interim) or whole (final) of a building (S109C (2) (b))

An OC can only be issued when (S109H):

• DA or CDC conditions or the requirements of a planning agreement have been completed that are relevant to its issue

• A development consent or CDC is in force, and if pursuant to development consent a valid CC has been issued

• The building or partially completed building is fit for occupants or use under its classification of the BCA

Multiple OCs (S109I)

• A final OC for the whole building revokes all previous OCs

• Any OC (interim or final) that authories an additional use or occupancy of parts revokes all earlier issued OCs (whether interim or final, whole or in part)

When OCs are not required (Sections 109M & 109N)

• When the work is either exempt development or development that does not require consent

• When the building has been occupied after the completion of works for a period of 12 months or more

• Crown development

What an OC must contain (C155 Regs):

1. The identity and signature of the certifying authority (in addition, if the certifying authority is an accredited body corporate, the identity of the individual who issued it.)

2. If the certifying authority is an accredited certifier, the accreditation number of the authority (again, if the certifying authority is an accredited body corporate, the accreditation number of the individual who issued it.)

3. The date and type of certificate (interim or final)

4. Statements to the effect:

   1. The health and safety of the occupants have been considered (if interim)

   2. Details of a valid development consent or CDC for the works or change of use.

   3. If building work was carried out details of the CC or CDC for those works

   4. Suitability for use or occupancy accordance with its new BCA classification

   5. (Fire Safety) The following (if required):

      1. Details of an issued fire safety certificate

      2. A report from the Fire Commissioner has been considered

Filing of an OC

• The OC must be accompained (if required) by a fire safety certificate and a fire safety schedule for the building