Item 8.5 - Attachment 1 |
Draft Development Enforcement Policy |
Building
Works ComplianceDevelopment Control EnfDevelopment Controlroorcement Policy
Policy
number
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 PURPOSE OF THE POLICY
3.0 PRINCIPLES
3.1
3.2 Responding to complaints of unlawful
activity and building works
3.3 Investigating
unlawful activity and building work
3.4 Authorised Officer Field Inspection
Procedure
3.5 Options for action in confirmed cases of
unlawful activity
3.6 Special Provisions – Position on
Principal Certifying Authority (PCA) and Private Certifiers.
4.0 Enforcement
Response for Unauthorised Activity
4.1 Unauthorised
Building Works – No approval
4.2 Unauthorised
Building Work Where Approval Has Been Granted
4.3 Building
Certificates
5.0 REVIEW OF THESE GUIDELINES
6.0 ANNEXURE
6.1.1 Annexure 1: Complaint Process Involving
Private Certifiers
1. Introduction
Thisese policyguidelines set out the approach that
the Parramatta City Council (Council)
will take in relation to unauthorised building workactivities in the
local government area governed by CouncilParramatta
City Council. This
includes:
· Non compliance
with conditions of consent.
,
· Commencing building work without approval
Parramatta
City Council acknowledges
that it has an obligation under Section 8 of the Local Government
Act 1993 to ensure that the exercise of its regulatory power is carried out
consistently and without bias.
Thisese policyguidelines should be followed in all
but extenuating circumstances, and applies to all Council
staff (Rregulatory and, dDevelopment) staff and contractors involved where Parramatta
City Council has a regulatory responsibility under the relevant NSW
legislation. All Council staff are expected to be familiar
with relevant legislation that
pertains to the carrying out of
their operational duties.
2. Purpose of the Policy
The purpose of this policy is:
· To
confirm that the Parramatta City Council does not condone has a
minimal tolerance approach to unlawful activity.
· To
provide consistency in enforcement matters of development non-compliance, and
to ensure transparency, procedural fairness and natural justice.
· To
provide a documentary supporting
document to the Parramatta
City Council’
Enforcement Policy.
3. Principles
3.1
Parramatta
City Council’s
guiding principles will apply to all actions taken under this policy.
Council’s guiding principles are:
· Cooperative teamwork
· Customer service
· Sustainability and Community focus
· Leadership
· Accountability
· Integrity
· Communication
· Excellence
· Innovation
· Respect
These
guidelines align with the values and principles of Parramatta City Council along
with the requirements of any relevant legislation.
3.2 Responding
to complaints of unlawful activity and
building works
Complaints will be investigated and actioned in order ofaccordance
with priority. Action should be instigated within the principles
nominated the Risk Response Model of the Enforcement Policy. Generally,
response will be:
· Urgent and life threatening matters –
For matters
of this kindare a
priority is paramount aand
will be action will is to be takened on the day of complaint. The
severity of such incidents may be such that they may result in death, or ill
health, or cause severe damage to property or the environment. Examples
include: unsafe buildings, collapsed buildings, buildings recently damaged by fire etc.
· Significant Nuisance Matters – For
matters of this kind an
immediate response is to be
takenrequired and will be prioritised for
action on that day. In some cases these
matters will be outside of normal working hours and Regulatory CSO staff are
available on call. Examples include
working out of hours in residential areas, environmental harm or excessive
noise from building sites.
· General compliance issues – wFor matters of this kind action is to be taken within
5 businessworking
days. The severity of such incidents is such that there is no immediate
potential for physical harm to persons, property or the environment, however
there is potential for adverse amenity impacts. Examples include: alleged
unlawful works and uses, work carried out not in accordance with the
development consent
· General Nuisance matters - aFor matter of this kind, actioned is to
be taken within 10 businessworking days. Examples include minor
alleged non-compliance that does not have an immediate adverse impact.
Council’s
Rregulatory
staff will respond to all complaints or notifications relating to alleged
unlawful activities and building work in
keeping with Council’s Values and Principles within 5 businessworking
days of receipt. Complainants will be advised of the progress and outcome of
all investigations.
3.3 Investigating
unlawful activity and building work
All complaints and matters regarding alleged unlawful activity and building work will be investigated unless:
· Tthe matter has already been resolved.
; or
· Aa
private Principal Certifying Authority (PCA)
is responsible for monitoring compliance with the development consent and the
matter relates to compliance with approved drawings. To assist customers,
Council will always refer them to the PCA in the first instance to remedy a
complaint. (Council will liaise with the PCA and investigate matters outside
the scope of the property boundaries, matters that are life threatening or may
cause property damage or where there is likely to be significant local nuisance
impacts).; or
· the Council has no jurisdiction ( for example, dividing fences).; or
· Tthe
activity alleged to be unlawful is in fact determined to be lawful without an
investigation required (for example, Exempt Development).; or
· Tthe
complaint is frivolous, vexatious or trivial in nature.
All decisions regarding the investigation and actions shall
be carried out in accordance with Parramatta
City Council’s
Enforcement Policy. If a decision was
made not to further investigate the complaint, the decision will be recorded
along with clear reasons why it was not investigated and the complainant will
be advised in writing of the reason for the decision.
3.4 Authorised
Officer Field Inspection Procedure
Council will delegate authority and authorise certain staff
under relevant legislation in order for them to carry out their investigative
duties and take necessary action. Council views the power to enter private
property very seriously and will ensure that the exercise of these functions is
in accordance with all
relevant legal requirementslegislation.
All Council staff who carry out inspections on private land for regulatory purposes will:
· Have
delegation to enter the premises and carry out investigations as specified in
Councils delegations.; and
· Be
authorised by Council where this is required by specific legislation to permit
inspections on private property.; and
· Carry
photographic identification demonstrating authorisation to
enter private property under the
relevant legislation.each
specific Act; and
· Be conscious of any requirements relating to occupational health and safety.
· Be courteous and helpful.
It is at the discretion of the authorised officer on how to
investigate and resolve any complaint
in accordance with Parramatta
City Council’s
Enforcement Policy. In general
the , however the generalrelevant procedure is set
out beloware to
be followed::
· The
authorised officer must prioritises the complaint in accordance with the
Risk Response Model of the Enforcement Policyrisk response model.
· The complainant is contacted to substantiate the complaint, and to make a preliminary assessment. If it is determined that no further action is required, the officer immediately advises the complainant and records the reasons why no further action is required.
· If it is determined that further action
is required, the authorised officer must inspects the subject premises to fully assess
the situation and to advise the owner/occupier of the complaint. Before
entering, the authorised officer must introduce
themselves by giving their name, title and the reasons why they are visiting
the premises. Details of the persons interviewed, notes relating to the
inspection as well as any photographic evidence should be taken at this stage.
· Upon
the completion of the inspectionimmediate return to the office, the
results of the inspection are to be recorded amongst Council’s records. Depending
on the results of the inspection, appropriate correspondence shall be prepared
and sent. The complainant shall also be advised of Council’s actions along with
likely time frames for finalising the matter.
Note: All conversations and observations will be documented and recorded.
3.5 Options
for action in confirmed cases of unlawful activity
Regulatory action is any formal and informal action taken to
prevent or rectify infringements of any
relevant laws or requirementsthe
legislation. The regulatory options may differ with each case, but
the principles of application should remain constant.
3.5.1 Non-Enforcement action where there is evidence of
unlawful activity
In accordance with Council’s values and Parramatta
City Councilthe
Enforcement Policy, a number of options may be considered instead of
enforcement.
The following may be appropriate:
· Referring the matter to the relevant agency for further action if the breach does not fall under the jurisdiction of Council.
· Educating the person investigated on the relevant requirements.
· Negotiating with the person who carried out the unlawful activity to obtain an undertaking from them to address issues of concern found during the investigation (No negotiating – as this may be seen as influencing an outcome).
· Issuing a warning or caution to the offender, requiring work to be done or activity to cease in lieu of more formal action. Verbal warning shall be documented on Council records and may be confirmed in writing.
· Taking no action on the basis or no reliable evidence or other reasons such as frivolous or vexatious complaints or where Council has no jurisdiction.
· Referring parties for mediation with Community Justice Centre
The above approach followed by an authorised officer in any situation
es is to be
determined by the authorised officer exercising the will be used with discretion veste din them by the relevant lawsand Council is obliged to uphold the law.
This includes ensuring compliance with relevant administrative law principles
such as acting fairly and equitably, and to act in the public interest.
These approaches also do not preclude the Council from taking enforcement action.
3.5.2 Enforcement action
Enforcement action will be taken with a minimal tolerance approach. It is recognised that this approach is consistent with other local authorities with the same regulatory authority.
Enforcement action includes:
· Issuing
of nNotices
orand
oOrders or both depending on the circumstances
requiring compliance with legislative requirements or those of an environmental
planning instrument.
· Issuing a “penalty infringement notice” (PIN)
· or alternatively cCommencement
of legal“criminal
proceedings of a criminal nature in the Courts”.
· Commencement
of legal civil proceedings
of a civil nature in the Courts
(to either remedy or restrain the
unlawful activity. Examples include Class 4 proceedings in the Land and
Environmental to enforce compliance with s121B of the Environmental Planning
and Assessment Act 1979 or seeking of interlocutory or injunctive proceedings
to prevent unlawful activity from occurring).
Before any enforcement action is taken, the Council must
consider the Parramatta City Council Enforcement
Policy with regard to the following:
· Could the unlawful
activity be carried out lawfully if development consent or an exemption from
development was sought?
· Are the breaches technical
or inconsequential in nature with no aggravating circumstances?
· Could the non-compliance
be easily remedied by some action of the person responsible?
· Are the unlawful
activities or works carried out on a heritage item and did they adversely
impact on the heritage significance?
· Is the condition of the
Development Consent not being complied with unreasonable, ambiguous or plainly
unenforceable?
· Would action be in the
public interest?
· Is there any doubt over the
evidence or the offence?
·Has
the person responsible been educated about Council’s policy?
· ( i.e,
did the person know that their actions were unlawful?)
· Are the costs of enforcing
likely to be prohibitive for the nature of the offence?
· What are the chances of
success if challenged?
· Has
the person or company that carried out the offence had an opportunity to
provide representation or submission on the matters?
If it is considered that enforcement action is required, it
will be taken in accordance with the
relevant laws
legislative and Council’s
internal procedures (including and rreportinged throughto the General Legal Counsel).
In taking enforcement action, Council recognises that there are statutory processes which provide for representations and appeals and thereby natural justice principles will still be observed.
Where a person is afforded the right to make representations
to a nNotice,
Council requires those representations to be made in writing. This ensures
representation documents can be recorded and filed in Council’s record system. Representations
in person may be made if the Council considers this to be appropriate of
individual circumstances.
Council will reply to all written representations received during the notice period advising of the determination of the representation and whether Council will proceed with the order.
3.6 Special
Provisions – Position on Principal Certifying Authority (PCA) and Private
Certifiers.
Council recognises that when a pPrivate cCertifier is acting as the PCA, they
are responsible for ensuring that the development is carried in accordance with
the Environmental Planning and Assessment Act 1979, and the dDevelopment cConsent. Persons making complaints
regarding a development under the responsibility of a private certifier should
be advised to contact the private certifier. Where a compliant is received Council
will advise the PCA with a request to investigate and respond.
While Council does not have legal control over the PCAPrivate
Certifiers it will liaise with them Private Certifier, and will make every
effort to ensure that requirements of all
relevant lawsthe
Environmental Planning and Assessment Act and Regulations are met,
and that the health and safety of the public is not compromised.
Council will investigate environmental issues, amenity issues and matters outside the scope of the property boundaries (such as hours of operation, building materials stored on nature strips, inadequate sedimentation control and the like), matters that are life threatening or where there is likely to be significant local nuisance impacts or may cause property damage.
Council may make complaints to the Building
Professional BoardAccreditation
Body if Council
considersit was
believed that a Private CAertifier
has not acted in accordance with their obligations under legislation or has not
acted in the pPublic
iInterest.
Annexure 1;
Complaints regarding PCA
4.0 Enforcement Response for Unauthorised
Activity
4.1 Unauthorised
Building Works – No approval
A dDevelopment cConsent or cConstruction cCertificate can not
be issued retrospectively for building works already constructed. Building work
carried out without a dDevelopment cConsent or a Ccomplying
dDevelopment
cCertificate
or a cConstruction
cCertificate,
which do not fulfil the criteria of Council’s Exempt and Complying Development
Code are deemed to be unauthorised.
Action to be taken by Council will depend on whether the building work complies or does not comply with Council’s policies and other relevant legislation, and the extent of the work undertaken.
Note: All conversations and observations will be documented and recorded.
No approval and building work does not comply with Council policies, BCA or other legislation.
The authorised
Oofficer
will carry out an assessment of the unauthorised
work to determine whether it would generally comply with Council’s policies
(including those relating to hHeritage requirements), the Building Code of Australia and any other relevant
legislation or requirements. The owner may be requested to supply
additional information, such as wWorks as eExecuted drawings or reports to assist
the officer carry out their assessment. Such details may also be referred to
but not limited to, Council’s Development Assessment Team or other departments
for comments regarding Planning, Engineering or Heritage or infrastructure
comments.
If the structure does not comply with any of the legislative
requirements, a Notice of Proposed Order requiring the removal of the
unauthorised work under the provisions of the Environmental Planning and
Assessment Act 1979 mayshall be served on the owner of the
subject property.
The Council may commence legal proceedingsaction in accordance with the Parramatta City Council Enforcement
Policy and these proceedings may be in the form of a include criminal prosecution proceedings in the Land and
In determining whether to pursue legal
proceedingscriminal
prosecution the Council will have regard to those matters in the Parramatta City Council Enforcement
Policy and those listed in 3.5.2 of this pPolicy. An example of when prosecution action is
likely is when building work has been undertaken and any damage to the
environment can not be corrected, such as the demolition of a heritage
building.
If there is failure to comply with the requirement of any
order then the Council maywill pursue legalcivil proceedings of a
civil nature to enforce the order.
In these circumstances, the Council may also commence
criminal prosecution action.
If the structure does not comply with any of the legislative
requirements, there are two actions the Council may take;
· 1. Issue a Notice of Proposed Order requiring
the removal of the unauthorised work under the provisions of the Environmental
Planning and Assessment Act 1979 shall
be served on the owner of the subject property.
· 2. Issue a Court attendance Notice.
The Council may commence criminal prosecution proceedings
in the Land and Environment Court in cases where significant unauthorised work
has been carried out. The maximum fine
that can be imposed by the Land and Environment Court is $1.1million.
In determining whether to pursue criminal
prosecution the Council will have regard to those matters in the Parramatta
City Council Enforcement Policy and listed in 3.5.2 of this Policy. An example of when prosecution action is
likely is when building work has been undertaken and any damage to the
environment can not be corrected, such as the demolition of a heritage
building.
If there
is failure to comply with the requirement of any order then the Council will
pursue civil proceedings to enforce the order.
In these circumstances the Council may also commence criminal
prosecution action.
Unauthorised building work (no approval) that complies with Council Policy, BCA and other Legislation
If sufficient evidence is provided to verify that the
unauthorised work complies with the requirements of Council’s policies, the BCA
and other legislation, the authorised
officerBuilding
Surveyor will prepare a report forto the Unit Manager of Regulatory
Services with a recommendation of proposed actions .
The matters in the Parramatta
City Council Enforcement Policy and listed in 3.5.2 of this Policy
will be taken into consideration when determining the appropriate action to be
taken. In addition to the matters for consideration in Section 3.5.2, the
following requirements will need to be satisfied:
· Evidence that the building is structurally adequate (Structural Engineer report).
· Building Code of
Australia compliance such as evidence of termite control, waterproofing, smoke
detectors etc.
,
· Basix requirements and any other energy efficient requirements.
· Compliance
with Councils planning
controlsDCP’s .
· Survey report indicating that the position of the structure complies.
· Works As Executed (WAE) plans.
· The structure
is aesthetically acceptable and does not cause an unreasonable impact on
streetscape compliments the surrounding area.
The structure is aesthetically acceptable and does
not cause an unreasonable impact on streetscape compliments the surrounding
area.
· The
building work does not have an unreasonable impact on the adjoining properties
( eg, privacy, overshadowing and the
like)
The
matters in the Parramatta City Council Enforcement Policy and listed in 3.5.2
of this Policy will be taken into consideration when determining the
appropriate action to be taken.
Except in exceptional circumstances a General Penalty
Notice for the unauthorised work will be issued.
Where a significant amount of unauthorised work has been undertaken the Council may elect to commence criminal prosecution proceedings.
4.2 4.2 Unauthorised
Building Work Where Approval Has Been Granted -
Work Not Being
Undertaken with Conditions of Consent
Where the building
work is not being undertaken in accordance with conditions of development consent that control the
way in which the building works shall be undertaken, the Council
may issue, either a written warning or a Penalty
Infringement Notice (PIN).
Warnings are appropriate for matters that do not cause a
nuisance or disturbance to others (e.g. not having the PCA sign on the site). and PINs are the appropriate
response for matters that cause a disturbance to others and
these, this includes:
· Storage of builder’s materials on the road or nature strip.
· Working out of approved hours.
· Construction noise exceeds approved levels.
· Failure to provide safety fence or erosion and sediment control measures.
If there is ongoing non-compliance after the issue of a written warning then a PIN will be issued. If there is continued non-compliance Council may decide to commence legal proceedings in the nature of a criminal prosecution.
Building Work Does
Not Comply with the Approved Plans and Details (but complies with Council
policies and legislation)
If an inspection has revealsed that the building
work was,
or is not being,
carried out in accordance with the approved
detail
approved under development consent, Council may give a stop work order will be served. The applicant may then choose to seek advise
from Council’s Development Assessment team.
NOTE: A Section 96 application may be requested, but only if the building work is considered to comply with Council policies and other legislation. It should be noted however that such application will be assessed on its merits, and could be refused regardless whether the building work has been completed.
The Development Assessment Team only can provide assistance to Regulatory staff in determining if works comply with Council policies.
The matters in the Parramatta
City Council Enforcement Policy and listed in 3.5.2 of this Policy
will be taken into consideration when determining the appropriate action to be
taken
Except in exceptional circumstances a Penalty Infringement Notice
for the unauthorised work will be issued.
Where a significant amount of unauthorised building work has been undertaken the
Council may elect to commence legal
proceedings of criminal natureprosecution proceedings as an
alternative to issuing a PIN.
Building Work Does
Not Comply With the Approved Plans and Details and Does Not Comply With Council
Policies and Legislation
If an unauthorised structure does not comply with any of the
legislative requirements, a Notice of Proposed Order requiring the removal of
the unauthorised work under the provisions of the Environmental Planning and
Assessment Act 1979 mayshall be served on the oOwner
of the sSubject
property.
The Council
may commence legal proceedings of a criminal or civil natureprosecution
proceedings in the Land and
In determining whether to pursue legal
proceedings of a criminal natureprosecution the Council will have
regard to the matters in the Parramatta
City Council Enforcement Policy and listed in 3.5.2 of this pPolicy. An example of when prosecution action is
likely is when building work has been undertaken and any damage to the
environment can not be corrected, such as the demolition of a heritage
building.
If there is failure to comply with the requirement of any
order then the Council maywill pursue legal
proceedings of a civil natureproceedings to enforce the order . Iin
additionthese
circumstances the Council may also commence legal
proceedings of a criminal nature.prosecution action.
4.3 Building Certificates
Council does not support or encourage the submission of a Building Certificate Applications under the provisions of section 149D of the Environmental Planning & Assessment Act 1979 to justify unlawful works. However, it is recognised that persons who may have carried out unlawful works may apply for a Building Certificate to formalise those unlawful works.
Council may still take enforcement action against a person who carried out unlawful works, irrespective of whether they have applied for a Building Certificate.
5.0 REVIEW OF THESE GUIDELINES
This Policy will be reviewed every three years or when legislative changes affect the policy.
Review
Version |
Date Adopted |
Date superseded |
|
|
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Owner
Manager Regulatory
Services
6.0 ANNEXURE
6.1 Annexure 1: Complaint Process Involving
Private Certifiers
This procedure is
to identify a process to effectively deal with a complaint that involves a
private certifier to ensure the complaint is dealt with at the appropriate
level and to ensure effective management of Council resources to achieve a
desirable outcome for the community.
Asking the right Questions
When
deciding whether a complaint requires investigation, a range of matters should
be considered including the following questions from The NSW Ombudsman Public Sector Fact Sheet 5
– Enforcement, which details the obligations of Council and how to assess and
determine the appropriate action for investigating and dealing with a
complaint.
Complaints relating to
private certifiers
When dealing with a
complaint regarding a project in which a Private Certifier has been appointed
Council should consider;
· What action is necessary and should be taken?
· Who is the appropriate agency or person with the jurisdiction over the
matter?
The EP&A Act
and regulations clearly states that the certifier is responsible for the
issuing of the construction certificate and the PCA is responsible to ensure
the development is constructed in accordance with the Consent and building
regulations.
The protection of the environment and public
domain is seen as the responsibility of the Council.
The NSW Ombudsman Public
Sector Fact Sheet 5 questions;
Q1. Is the matter within the jurisdiction of the agency?
The PCA is
responsible for the construction of the development
The Building
Professional Board is responsible for private certifiers
Council is
responsible for the public domain, public safety and environmental protection.
Issues which require Council action include:
· Issues affecting
public areas such as footpaths, roadways and open space areas
· Issues of public
safety from within the site such as hazardous substances, dangerous structures
and land forming (excavations/filling), and site access (fencing)
· Issues affecting
environmental protection such as erosion and sediment control, hours of
operation/construction, dust control and general noise issues.
Q2. Is the matter premature, eg, does the
complaint relate to some unfinished aspect of work still in progress?
If the Occupation
Certificate has not been issued see question 1 for actions.
Q3. Does the activity or work require
permission (ie Road Opening Permits), and if so is an approval in place?
If there is an
approval in place see question 1 for actions, if there is no approval in place
generate complaint for unauthorised building work.
Q4. Is the complaint trivial, frivolous or vexatious?
These matters would
be determined by Council or the certifier after receiving a complaint after
determining responsibility (see question 1) when investigating the complaint.
Q5. Has too much time elapsed since the events
the subject of the complaint took place?
Any complaint received
after the issue of the occupation certifies should consider the merits of the
complaint and action required. The
complaint should also be directed to the BPB to investigate the actions and
conduct of the accredited person.
Q6. Is
another agency more appropriate to investigate or otherwise deal with the
matter?
See Question 1 for
Actions
Q7. Is
the activity having a significant detrimental effect on the environment or does
it constitute a risk to public safety?
Any matter in this
category must be investigated by Council with and the certifier should also be
advised of the complaint.
Q8. Does the complaint suggest a systemic
problem, eg, if a complaint is one of a series, could there be a pattern of
conduct or a more widespread problem?
The nature of the
complaint regarding a systematic problem would be determined in most cases by
the BPB and would result in action against the certifier by the board. However if there is a continual complaint
that the certifier may not have acted upon and the complaint can demonstrate
this Council will investigate all matters to determine if a complaint is
justified or mediate a solution. Any
inaction of the certifier should be directed to the BPB by the complaint for
investigation.
Summary
There are a number
of competing issues for Council to consider regarding complaints that involve
privately certified projects. It is
recommended that the following guidelines be used. However at any time should it be identified
that the certifier has not acted on a complaint or numerous complaints have
been received that Council may also investigate any matter at its discretion.
1. When
a complaint is received the complainant be questioned to determine if a private
certifier is involved, Check the Pathway System and log a service request
advising they should also contact the private certifier.
2. If
Council has been nominated as the certifier send request to Construction
Services team all other request regarding private certifiers to be referred to
Regulatory Services.
3. If
a complaint relates to an activity having a
significant detrimental effect on the environment or a risk to public safety
allocate to an officer for determination of the level of action required,
following normal procedures for handling complaints. Complaints to be dealt
with by Council include:
a. Issues
affecting public areas such as footpaths, roadways and open space areas
b. Issues
of public safety from within the site such as hazardous substances, dangerous
structures and land forming (excavations/filling), and site access (fencing)
c. Issues
affecting environmental protection such as erosion and sediment control, hours
of operation/construction, dust control and general noise issues.
4. If the work is in progress involving compliance with
the approval send a standard letter to the certifier requesting investigation
and advise the complainant of the certifiers details for any further contact.
5. If
the development has been finalised and an occupation certificate issued then
the complaint should also be referred to the Building Professionals Board to
investigate the conduct of the certifier.
6. Where
the complainant can provide written evidence that the certifier has not acted
on a complaint, Council will investigate the matter on behalf of the
complainant.
7. Council
must investigate and act on any notice issued by a private certifier as
required by the EP&A Act and Regulations.
Notes
· A certifier/PCA is required under the EP&A Act to ensure the
development consent is being complied with and the work is undertaken in
accordance with the relevant building standards.
· A certifier PCA undertakes the roles and responsibilities of a public
official when acting as the PCA under the EP&A Act.
· The certifier has the power to issue a notice for non-compliance and
Council must ensure they act on any notice to remedy any breaches under the
EP&A Act.
· A certifier/PCA is required to investigate all complaints and keep
records for the BPB under the EP&A Act.
· Any Notices or orders issued by Council must be forwarded to the
certifier as required under the EP&A Act
Reference
Building
Professionals Board www.bpb.nsw.gov.au/public/complaint.shtml
The
NSW Ombudsman Public Sector Fact Sheet 5 – Enforcement