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Private certifiers on notice

Burwood Council, New South Wales, sent a warning to private certifiers who authorise work not in accordance with Development Consents.


Mayor, John Faker said, “Unfortunately across the State we are witnessing more and more occasions where private certifiers are issuing construction certificates and occupation certificates without a thorough and rigorous review.

“This means we end up with building works that are not compliant with the Development Consent, conditions of approval and approved plans.

“Burwood is not immune from this problem. The areas of non-compliance include departures from the approved external appearance, construction materials and finishes and deficiencies in the provision of items such as landscaping and communal open space.

“In extreme cases, the resulting development is a form that would not otherwise be acceptable to Burwood Council and is negatively impacting the amenity of surrounding residents.

“That is why I have asked the General Manager to investigate enforcement action available to Burwood Council in relation to private certifiers that are authorising works not in accordance with the Development Consent.”

Council will review the way it currently issues Development Consent to identify initiatives that will promote improved development compliance during construction.

“I am also writing to the Premier, Minister for Planning and Public Spaces, and other senior stakeholders calling for decisive action in relation to this issue and recommending a legislative review to improve protection for customers and residents of the State.

“This includes investigating options to bring private certifiers under the purview of the Independent Commission Against Corruption (ICAC).

“I’ve also asked Council’s General Manager to liaise with NSW Government, including the Office of Fair Trading, Building Commissioner and Department of Planning Industry and Environment to highlight concerns and identify strategic compliance initiatives.

“Burwood Council is responsible for a strategic centre in our global city – we need to take a strong stance and work to strengthen regulations to address this growing issue.”

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