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MONITORING
OF CONSTRUCTION
1 - General
Once detailed drawings and other material (such as structural
calculations) have been submitted and approved to allow issue
of a Construction Certificate, building work may proceed. Demolition
does not need to wait for issue of a construction certificate
- only a development consent.
The applicant must then nominate the Principal Certifying Authority
(PCA) which can be either Council or a private accredited certifier
- the latter option having become available only in recent years.
If a private accredited certifier has been appointed, then Council
officers do not undertake any inspections. This is the responsibility
of the PCA and their accredited certifiers.
The private PCA must submit all CC documentation to Council.
2 - Modified Plans
Once a DA has been approved, the Applicant may not deviate from
the approved plans and conditions without further application
to Council. Similarly, it is not permitted to undertake work
that is not strictly in accordance with the plans and details
approved at Construction Certificate stage.
It sometimes happens, however, that difficulties are encountered
that were not envisaged at the DA stage, or perhaps the Applicant's
architect or builder will come up with some better ideas than
originally proposed.
In this circumstance, the Applicant may apply to Council for
a 'Section 96' variation (under the Environmental Planning and
Assessment Act) to modify the approved plans. Construction in
the affected areas should not then proceed further until these
variations are approved.
The procedures for reviewing Section 96 applications are the
same as for new DAs and it follows that potentially affected
neighbours must be notified of the proposed changes in the same
way, and will have similar opportunities to submit written comment.
As for relatively simple DAs, comparatively minor Section 96
variations may be approved by council officers under delegated
authority. More major changes subject to critical neighbour
comment may need to be determined at a Planning and Building
Committee or even full Council meeting.
3 - Certification
Buildings are not continuously monitored for compliance by Council
officers during construction and need not be continuously monitored
by independent certifiers either. Rather, inspection and certification
is required at specified construction stages.
Critical construction stages are:
· Trenches before footings are laid;
· Footings before the dampcourse is built on;
· All reinforced concrete elements;
· Drains before being covered in;
· All timbers including roof timbers before they are
covered;
· Foundation material before placement of concrete
· Steel reinforcement prior to placement of concrete
· Safety fencing for pools
· Wet Areas.
· Completion
Some other Inspections may be necessary.
These certifications are in addition to separate inspections
and certification required by Sydney Water for underfloor drainage
etc.
Independent certifiers documentation must lodged by the builders
or certifiers at each stage. It would (we hope) be highly unusual
for an independent certifier to put his accreditation at risk
by approving items that are not in full compliance with all
drawings and approval requirements
4 - Deviations
In the hopefully rare event of construction deviating from approved
plans or conditions, council officers will, when aware of the
breach, issue the builder with a 'Notice of Proposed Order'.
This notifies the builder of the irregularities recorded, and
warns him of the possible consequences if he/she persists with
construction without return to compliance.
The builder then has the opportunity to explain satisfactorily
the deviation, remedy the defect, or show cause to Council why
it should not proceed with a formal order requiring remedy extending
to demolition.
A time limit is given according to the nature of the breach.
If the period lapses without any response or action from the
person concerned, then Council can issue the Order, again with
a time limit. If that Order is not acted upon or complied with
the Council will need to take the person concerned to Court.
Our Comments
Suggestions for Neighbours
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DEVELOPMENT IN GREENWICH
This version was posted in August 2002 |
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