Information for Private Certifiers
Certifying authorities have defined statutory obligations which are mainly set out in the EP&A Act 1979, the Building Professionals Act 2005 and associated regulations. These written instruments outline the requirement to notify and provide documentation to Council, within 2 days of any determination being made.
Below is a list of obligations that apply to Private Certifiers in terms of Development Contributions and documentation to Council:
- Council has adopted a Contributions Plan which requires an accredited certifier to impose a condition on certain Complying Development Certificates (CDC) requiring the payment of section 94 or 94A contributions to Council. (Section 94EC (1) (b) of the EP&A Act).
- Council must be notified by the certifier of every certificate issued. (Section 85A (11) of the EP&A Act).
- A person must not commence the occupation or use of a new building, or part of a new building, unless an Occupation Certificate (OC) has been issued (Section 109M (1) of the EP&A Act).
- Importantly, a certifier must not issue an OC unless he or she has verified that each pre-condition in the development consent or CDC has been met (Section 109 (H) (2) of the EP&A Act).
- Council development consents make it a pre-condition to any grant of an OC that the applicable development contribution has been paid to Council.
As well as having the obligation to notify Council upon the grant of an Occupation Certificate, the certifier must also provide all materials that accompanied the application. This will mean that the receipts for payment of the contribution to Council and the Long Service Levy where applicable must be verified by the certifier, and then included with the material then sent to Council (Clause 151(2) of the EP & A Regulation 2000).
Council’s online system (e-pathway) can be used to submit documentation and certificates at a time convenient to you, with payment via credit card. An email confirming receipt and confirmation of your application will be issued upon lodgement.
To commence you will need to first register as a user of the e-pathway system. It is important to note that the company and contact name registered will automatically become the applicant and the key point of contact for the application. You may wish to consider using an administration email such as firstname.lastname@example.org, for example, as all correspondence will be sent to this email address.
Please allow up to 4 hours to process your registration, once you receive confirmation of your registration, you will be able to login and access all Council’s available online services.