Section 2: Certificates of compliance

A certificate of compliance is required before a building permit, occupancy permit or building approval certificate can be granted by a permit authority. There are two signatures on a certificate of compliance:

  1. the signature of the building surveying practitioner registered under the Registration Act for the appropriate practising level, ie Level 1, Level 2 or building surveying practitioner technician who has assessed compliance; and
  2. the signature of the person issuing the certificate of compliance on behalf of the building surveying contractor or local government. This person can be the owner, director, or any party authorised by that contractor or local government and does not necessarily have to be the nominated supervisor.

The three different types of certificates of compliance are:

Certificate of design compliance (BA3)

A certificate of design compliance (CDC) is required in order to obtain a building permit from the permit authority to construct a building or incidental structure. The Building Act requires a CDC to be in an approved form and contain a statement by the building surveyor that the building will comply with each applicable building standard if the building is completed in accordance with the specified plans and specifications. Additionally the Building Regulations prescribe each other thing the certificate must contain and what the building surveyor is required to do before signing the certificate, for example:

  • state that the plans and specifications have been submitted to the FES Commissioner where required under the Building Regulations;
  • state the relevant edition of the Building Code; and
  • provide details about each alternative solution to a building standard for Class 2 to Class 9 buildings.

Certificate of construction compliance (BA17)

A certificate of construction compliance (CCC) is required in order to obtain an occupancy permit from the permit authority to occupy a newly completed Class 2 to Class 9 building or a newly completed part of the building eg addition to a building. A CCC amongst other things requires the building surveyor to state that:

For a completed building:

  • the building has been completed in accordance with the plans and specifications that are specified in the applicable CDC for each applicable building permit;
  • the building complies with each applicable building permit including each condition that applies to the permit; and
  • the building in its current state is otherwise suitable to be used in the way proposed in the application.

For an incomplete building:

  • the building is incomplete;
  • that occupying or using the building in its current state in the way proposed in the application would not adversely affect the safety and health of its occupants or users; and
  • the building in its current state is otherwise suitable to be used in the way proposed in the application.

Certificate of building compliance (BA18)

A certificate of building compliance (CBC) is required in order to obtain:

  • an occupancy permit, other than an occupancy permit required for a completed building or an incomplete building for which a CCC would be required;
  • a building approval certificate;
  • an occupancy permit strata; or
  • a building approval certificate strata.

The applications that must be accompanied by a CBC include change of use, change of classification, registering a strata title, approval of unauthorised work, or replacing an existing occupancy permit or building approval certificate. A CBC amongst other things requires a building surveyor to state that:

  • the building or incidental structure substantially complies with the applicable building standards;
  • occupying or using the building or incidental structure in its current state in the way proposed in the application would not adversely affect the safety and health of its occupants or other users;
  • the building or incidental structure complies with each authority under a written law that is prescribed in r. 36 of the Building Regulations; and
  • where relevant, that the building or incidental structure substantially complies with the building permit, building licence or other approval that was granted in
    respect of the construction of the building or incidental structure.

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