The reforms under the Building Act 2011 and the Building Services (Registration) Act 2011, which commenced operation on 2 April 2012, have introduced a new certification process, which is intended to streamline the building approval process and which will apply to both residential and commercial developments.
The new process means that those who obtain private certification prior to submitting their application to the permit authority (that is, the local government) can now expect a decision within 10 business days. If the permit authority does not make a decision within that time then the application is deemed to be refused. This might seem odd, since the new default position is that applications are deemed refused after that period, not accepted. So, if an application is simply not considered by the council within those 10 days, it is deemed refused and the rights of applying to the State Administrative Tribunal are then activated.
For uncertified applications, the permit authority has to arrange for the building to be certified and will have 25 business days within which to make the decision. However, uncertified applications are only available to single residential buildings or associated non-habitable buildings like garages or sheds. This means that all applications for commercial buildings must be privately certified.
Getting an application certified
To get an application certified, applicants will need to obtain a signed certificate of design compliance from a registered building surveyor, which certifies that the design is compliant with the Building Code of Australia.
The permit authority should be able to rely on the certification of the building surveyor and this should result in reduced delays when a permit authority requires more information before making a decision. This essentially means that the building surveyor determines the application by issuing the certificate of design compliance, and the permit authority will only have to check that all relevant documentation had been lodged before making the decision.
Not only is a certified application rewarded with reduced approval times, but the fee for a certified application is less than that for an uncertified application because the permit authority would not have to arrange for the building to be certified.
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