The owner-builder: everything you need to know about council approval

Yes, you need council approval to build.

Development consent is required in most instances. There are generally three pathways for development: 

• Exempt development covers certain types of minor work where no application for planning or construction approval is required; however, it must meet some standards. For example, to build a terrace, fence, internal decoration, painting, or garden shed, you don't need council approval, but you need to consider some rules that regulate these items. Council can make a random check on properties based on neighbor complaints to check if you start construction work that does not comply with codes and regulations or are not exempt and need a development application. 

• Complying development [ CDC] application; covers work that meets specific pre-determined development standards and can be assessed and approved by a certifying authority (council or private accredited certifier) in 10 days or 

• Merit-based assessment [which requires a DA then CC], must be submitted to a consent authority (usually council) for assessment. This path will give more advantages to your development and flexibility, but only if you use an experienced architect to design within all codes and regulations. You can get a more extensive and elegant house using this path compared to the previous path of complying development, as complying development is rigid and strict. The government needs to use a private certifier for a smaller project, but they control the result by stricken rules. This way council frees up the merit-based system for more complex and sensitive developments. 

Some clients think that CDC is a better choice than DA when building their dream home, but the fact is not. The only advantage of CDC over DA is that they get approval quicker. 

What is a Construction Certificate & when do I need one?

A Construction Certificate [CC]  is a formal request submitted to the authorities [ Council or Private Certifier]. you need it when you want to start building and you already have DA approval for the development. CC comes after DA or sometimes you combined them both in one application. CC approval is required before you start Building and after you get DA approval.

The CC usually contain ;

- all DA approved and stamped plans & documents ;

- Structural engineer details 

- Architectural Plans detailed for construction purposes.

- some other reports and details according to the project type.

 

Once CC approval is granted, you can start building according to approved plans. The building inspector from the council or the private certifier will inspect the building process accordingly. Once you finish, you need an occupation certificate to occupy the building. 

What is a Development Application [DA] & when do I need one?

 

Development Application [DA] is a formal request submitted to the relevant council. It is required when you want to get council approval of a specific Design of a development. it required for building new buildings such as new dwellings, duplex, townhouses, apartments, or more complex buildings. but it is not required for minor renovation or construction work, such as installing air-conditioning units, building balconies, decks, patios, pergolas, terraces, and verandahs, cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses, carports, driveways, fences, and minor alterations. you don't need council approval for these exempt development, but you need to consider some rules that regulate these items

A Development Application [DA] usually include  ;

- all architectural design details and specifications

- Statement of environmental effects 

- BASIX certificate

- Hydraulic engineer plans.

Sometimes the land is in hazardous areas, such as flood or bushfire areas. In this case, you need different design solutions and detailed reports to indicate how the design deals with the hazard and supports your design. 

Once DA approval is granted, you need CC approval from the council to start building.