A Strata Certifier in NSW is a Registered Certifier authorised under the Strata Schemes Development Act 2015 to issue a Strata Certificate. Unlike a Subdivision Certifier, a Strata Certifier can issue the title certificate for both DA and CDC approvals.
That distinction changes who you appoint, how the project closes out, and how quickly the strata plan reaches NSW Land Registry Services. This article explains what a Strata Certifier does, the legislation that governs the role, and why the DA pathway works for Strata but not for Torrens title subdivision when a Registered Certifier is engaged.
What is a Strata Certifier in NSW?
A Strata Certifier in NSW is a Registered Certifier authorised under the Strata Schemes Development Act 2015 to issue a Strata Certificate. Unlike a Subdivision Certifier, a Strata Certifier can issue the title certificate for both DA and CDC approvals.
That distinction changes who you appoint, how the project closes out, and how quickly the strata plan reaches NSW Land Registry Services. This article explains what a Strata Certifier does, the legislation that governs the role, and why the DA pathway works for Strata but not for Torrens title subdivision when a Registered Certifier is engaged.
How registration works
A Strata Certifier is registered under the Building and Development Certifiers Act 2018 and the Building and Development Certifiers Regulation 2020. Registration is administered by Building Commission NSW. A Registered Certifier in this class is authorised to carry out all certification work permitted under the Strata Schemes Development Act 2015.
What a Strata Certifier actually does
The Strata Certifier reviews the strata plan, checks compliance with the conditions of consent, inspects the works where required, verifies the supporting documents, and issues the Strata Certificate. That sign off allows the strata plan to be lodged at NSW Land Registry Services.
When you appoint one
Appoint the Strata Certifier once the building has commenced. Engaging early helps. Conditions vary between Councils and consents, and a clean run requires documents to be in order before lodgement.
The Key Difference Between a Strata Certifier and a Subdivision Certifier
Both are Registered Certifiers. Both issue post-consent certificates. The pathway each can sign off, however, is set by different legislation.
Subdivision Certifier scope under EP&A Act s6.5(3)
A Subdivision Certifier issues a Subdivision Certificate under section 6.5 of the Environmental Planning and Assessment Act 1979. Section 6.5(3) limits the private pathway. A Registered Certifier can only issue a Subdivision Certificate where the subdivision is identified by an environmental planning instrument as one a certifier may authorise, or where it is a complying development.
Why Councils remain principal certifier on DA Torrens subdivisions
For a typical DA-approved Torrens subdivision, Council retains the role of principal certifier and issues the final Subdivision Certificate. A Registered Certifier can still issue a Subdivision Works Certificate for the civil works under section 6.5(2)(a), but the final consent compliance sign off and registration certificate sit with Council. That is the gap many developers and project teams miss.
Why a Strata Certifier sits in a different statute
The Strata Certificate is not issued under the EP&A Act. It is issued under the Strata Schemes Development Act 2015. The DA versus CDC limit that constrains Subdivision Certifiers does not apply to Strata Certifiers. A Strata Certifier can issue a Strata Certificate for both DA and CDC approvals. For a deeper comparison, see our piece on Strata Certificate vs Subdivision Certificate.
The Legislation Governing the Strata Certifier
Four pieces of legislation set the scope and operation of the role.
Strata Schemes Development Act 2015 (Part 4)
Part 4 covers Strata Certificates. Division 2 deals with certificates issued by Councils. Division 3 deals with certificates issued by Registered Certifiers. The two operative sections for Certifiers are 58 and 59, covering strata plans and development lot subdivisions, and subdivisions not involving a development lot. Each lists the conditions the Certifier must verify before issuing.
Strata Schemes Development Regulation 2016
The Regulation gives the Act its operational detail. Part 4 covers notices of proposed strata plans of subdivision, inspection requirements before issuing a Strata Certificate, and the specific requirements for registered certifier strata certificates. Read the Act with the Regulation.
Building and Development Certifiers Act 2018 and Regulation 2020
The 2018 Act and 2020 Regulation set who can act as a Certifier in NSW. They create the classes of registration, qualification standards, conduct rules, and discipline pathways. A Strata Certifier must hold the strata class of registration. The NSW Government information sheet on strata and subdivision certifiers summarises the structure.
How these Acts interact with the EP&A Act 1979
The EP&A Act 1979 sets the planning approval pathway, DA or CDC. The Strata Schemes Development Act 2015 sets the strata title pathway. The two run in parallel. The Strata Certifier sits at the intersection, certifying that what the EP&A Act approved has been built and complied with for the purposes of strata title.
How a Strata Certifier Issues a Strata Certificate for a DA
Here is the practical flow. The Certifier checks the planning approval, the conditions, the building, the plan, and the supporting documents.
Strata Schemes Development Act 2015 (Part 4)
Part 4 covers Strata Certificates. Division 2 deals with certificates issued by Councils. Division 3 deals with certificates issued by Registered Certifiers. The two operative sections for Certifiers are 58 and 59, covering strata plans and development lot subdivisions, and subdivisions not involving a development lot. Each lists the conditions the Certifier must verify before issuing.
Strata Certificates for Strata Plans and Development Lots
The Certifier must confirm a relevant planning approval is in force, that conditions required before issue have been met, and that proposed lots correspond to the buildings in the building plans and are designated for separate occupation. A construction certificate must have issued under the EP&A Act 1979.
Conditions of consent and the Schedule of Compliance
The application package must include the final strata plan prepared by a registered surveyor and a Schedule of Compliance addressing every relevant condition. Regardless of conditions a Water Compliance Certificate in accordance with the Water Management Act 2000 is required (i.e Sydney Water Section 73, Council Section 307 or Section 50 Hunter Water). Loose documentation is the most common cause of rejection.
Lodgement at NSW Land Registry Services
Once issued, the strata plan is lodged with NSW Land Registry Services. Registration creates the lots on title, and units can then be sold and financed independently.
Strata CDC: When a Strata Certifier Can Strata an Existing Building DA
A Strata Certifier is not limited to the post-consent Strata Certificate. Where a building has been approved under a DA but no strata subdivision was approved as part of that consent, a Strata Certifier can issue a separate Strata CDC under the Subdivisions Code in the Codes SEPP 2008. The underlying building does not need to have been approved by a CDC. A DA-approved residential flat building or commercial building can be brought into strata via this pathway.
Codes SEPP 2008, Subdivisions Code clause 6.1
Part 6 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 sets the Subdivisions Code. Clause 6.1 specifies what can be approved as a Strata CDC, with three carve-ins and four exclusions.
The 5-year rule
Clause 6.1(1) allows strata subdivision as complying development for 5 years from the date the underlying development consent or CDC was granted or issued. The clock runs from the original grant. Section 4.55 modifications do not reset the 5-year window.
What is out: subclause 6.1(4)
Clause 6.1(4) excludes the strata subdivision of four development types from the Strata CDC pathway:
- a secondary dwelling
- a boarding house
- a group home
- a dual occupancy, except where covered by subclauses (2) or (3) above
For these, the strata subdivision must proceed by DA, not by CDC.
Practical Pathway Examples
DA-approved residential flat building
The building consent is a DA. Construction is certified by a Building Certifier and an Occupation Certificate is issued. A Strata Certifier then issues the Strata Certificate under the Strata Schemes Development Act 2015. Council does not need to do this work.
DA-approved townhouse strata
Same pathway. The DA consent approves the development as strata. Once the buildings are complete and conditions are met, the Strata Certifier issues the Strata Certificate.
CDC-approved duplex strata under the Codes SEPP
Building approved under a DA, no strata in the consent. If the consent is under 5 years old and the development is not excluded by clause 6.1(4), the Strata Certifier can issue a Strata CDC, then the Strata Certificate at close out. No section 4.55 modification needed.
DA-approved building with no strata approval
Building approved under a DA, no strata in the consent. If the consent is under 5 years old and the development is not excluded by clause 6.1(4), the Strata Certifier can issue a Strata CDC, then the Strata Certificate at close out. No section 4.55 modification needed.
Frequently Asked Questions
Can a Registered Certifier issue a Strata Certificate for a DA in NSW?
Yes. A Registered Strata Certifier can issue a Strata Certificate for a DA-approved strata subdivision under Part 4 of the Strata Schemes Development Act 2015. The DA versus CDC limit that constrains Subdivision Certifiers under section 6.5(3) of the EP&A Act 1979 does not apply to the strata pathway. The Strata Certifier verifies that the planning approval is in force and that the relevant conditions of consent have been met before issuing.
What is the difference between a Strata Certifier and a Subdivision Certifier?
A Subdivision Certifier issues Subdivision Certificates under the EP&A Act 1979 for Torrens or community title subdivisions, but only where authorised by an environmental planning instrument or for complying development. A Strata Certifier issues Strata Certificates under the Strata Schemes Development Act 2015 for strata plans, including those approved under a DA. The two roles operate under different statutes and cover different title types.
What legislation governs a Strata Certifier in NSW?
The Strata Schemes Development Act 2015 and the Strata Schemes Development Regulation 2016 set the scope of the role and the matters the Certifier must consider. The Building and Development Certifiers Act 2018 and the Building and Development Certifiers Regulation 2020 set who can hold the strata class of registration and how they must operate. The EP&A Act 1979 sits alongside as the planning approval framework.
When should a developer appoint a Strata Certifier?
Appoint a Strata Certifier once the building has commenced. Earlier engagement helps. The Certifier can flag documentation gaps and condition issues before they delay lodgement at NSW Land Registry Services.
Can a Strata Certifier issue a Strata CDC if the DA did not include strata?
Yes. Under clause 6.1 of the Subdivisions Code in the Codes SEPP 2008, a Strata Certifier can issue a Strata CDC for the strata subdivision of a building where development consent was granted within the last 5 years. The 5-year window runs from the date the consent or CDC was originally granted or issued, regardless of any later section 4.55 modifications. Clause 6.1(4) excludes secondary dwellings, boarding houses, group homes, and dual occupancies (except those covered by subclauses (2) and (3))
Conclusion
A Strata Certifier sits in a different statutory pathway from a Subdivision Certifier. The Strata Schemes Development Act 2015 gives the Strata Certifier scope to sign off both DA and CDC approvals, where a Subdivision Certifier is restricted by section 6.5(3) of the EP&A Act 1979. For developers and owners, that means the final strata title sign off can be handled privately, regardless of whether the building was approved by DA or CDC. Get the legislation right, get the certifier right, and the project closes cleanly.
If you are planning a strata subdivision in NSW and want clear advice on the certification pathway, Southwell Certifiers can help. To discuss your project and receive a no-obligation fee proposal, contact us on (02) 8734 5676, email admin@southwellcert.com.au, or request a fee proposal.
