Compliance Certificates
Compliance Certificates confirm that subdivision engineering works, or the designs for those works, comply with the development consent conditions, approved plans, and relevant standards. They are a required step in most DA approved subdivisions before Council will issue the Subdivision Certificate.
Southwell Certifiers issues two types of Compliance Certificates: Design Compliance Certificates and Construction Compliance Certificates.
What is a Compliance Certificate?
A Compliance Certificate is a statutory certificate issued under Division 6.5 (Sections 6.16 and 6.17) of the Environmental Planning and Assessment Act 1979. It provides independent confirmation that a specific aspect of a subdivision development, either the engineering design or the completed infrastructure works, satisfies the applicable requirements.
Compliance Certificates are typically issued as conditions of development consent. They are not optional. Until the required certificates are obtained and submitted, Council will not issue the Subdivision Certificate needed to register the plan of subdivision.
Design Compliance Certificate
A Design Compliance Certificate confirms that a proposed engineering design meets the required standards, consent conditions, and any applicable Australian Standards before construction commences.
It provides independent verification that the civil engineering designs, including roads, drainage, stormwater, retaining structures and other subdivision infrastructure, are in accordance with the development consent and relevant design codes.
When is it required? Design Compliance Certificates are required where conditions of development consent specify that engineering designs must be certified by a registered certifier or appropriately qualified engineer before works commence. They are commonly required as part of the Subdivision Works Certificate process.
Construction Compliance Certificate
A Construction Compliance Certificate confirms that completed subdivision infrastructure or engineering works comply with the approved design, development consent conditions, and relevant standards.
It is issued after construction and provides evidence that the works have been built in accordance with the approved plans and satisfy the relevant consent conditions. This is distinct from a Design Compliance Certificate, which is issued before construction.
When is it required? Construction Compliance Certificates are required where conditions of consent specify that completed works must be independently certified before the Subdivision Certificate can be issued. They apply to completed roadworks, drainage systems, stormwater infrastructure, retaining structures, and other subdivision engineering works.
When Are Compliance Certificates Required?
Compliance Certificates are most commonly required on DA-approved subdivision projects as conditions of development consent. Typical trigger points include:
- Before works commence: Design Compliance Certificates required as part of the Subdivision Works Certificate process
- During construction: where consent conditions require sign-off on specific stages of works
- After construction: Construction Compliance Certificates required to confirm completed infrastructure meets standards
- Before final certification: all required Compliance Certificates must be in place before Council will issue the Subdivision Certificate
If your development consent includes conditions referencing “compliance certificate” or “certification by a registered certifier”, those conditions must be satisfied before Council will endorse the subdivision plan.
What we assess
To issue a Compliance Certificate, Southwell Certifiers reviews:
- Engineering design documentation against applicable standards and consent conditions
- Works-as-executed (as-built) drawings prepared by a registered surveyor
- Point inspection reports from relevant engineers during construction
- Engineering reports and test results
- As-built survey information confirming works are constructed as approved
- Construction drawings and specifications
- Compliance with all relevant development consent conditions relating to the works
Inspections
Engineering Rpeports
As Built Survey plans
Design Documentation
Approved Design Criteria
Construction Drawings
What we need from you
To assess and issue a Compliance Certificate, the following documentation is typically required:
For a Design Compliance Certificate:
- Engineering design drawings and specifications
- Development consent and relevant conditions of consent
- Supporting design calculations and documentation
For a Construction Compliance Certificate:
- Works-as-executed (as-built) drawings prepared by a registered surveyor
- Supporting construction reports and test results
- Compliance documentation from structural and civil engineers
- Engineering design drawings
- Development consent and consent conditions
Documentation can be submitted when requesting a fee proposal or provided during the assessment process. We will advise if any additional information is required before issuing the certificate.
Why Southwell Certifiers?
Dean Dehghan-Khalaji is a Chartered Professional Engineer (CPEng) and NSW Registered Certifier (BDC 05320) with close to 20 years of civil engineering experience across metropolitan and regional NSW.
Southwell Certifiers has issued Compliance Certificates across projects ranging from 2-lot infill subdivisions to 200 + lot residential estates, across NSW Councils, for DA and SSD developments. Where projects also require a Subdivision Works Certificate, Southwell Certifiers can act as certifier for both, reducing handoffs and keeping the certification process straightforward.
- Registered Certifier: BDC 05320
- Chartered Professional Engineer: CPEng, NER listed
- AAC member: Association of Australian Certifiers
- Independent: Assessment based solely on documentation and standards, not tied to any builder, developer, or council
- Council coverage: All NSW
FAQ Section
What is the difference between a Design and Construction Compliance Certificate?
A Design Compliance Certificate is issued before construction and confirms that the proposed engineering design meets the required standards and consent conditions. A Construction Compliance Certificate is issued after construction and confirms that the completed works have been built in accordance with the approved design and consent conditions. Both may be required on the same project at different stages.
Who can issue a Compliance Certificate in NSW?
Under Division 6.5 (Sections 6.16 and 6.17) of the Environmental Planning and Assessment Act 1979, Compliance Certificates can be issued by a Registered Certifier or by an appropriately accredited professional for the specific type of work involved. For subdivision engineering works, a Registered Certifier such as Southwell Certifiers can issue both Design and Construction Compliance Certificates.
When are Compliance Certificates required in a subdivision?
Compliance Certificates are required where they are specified as conditions of development consent. Most DA-approved subdivision projects include conditions requiring certification of engineering designs and completed infrastructure works. They must be obtained and submitted to Council before the Subdivision Certificate will be issued. Check your development consent conditions to identify which certificates are required and at what stage.
How long does it take to get a Compliance Certificate?
For straightforward projects with complete documentation, initial review is typically within 1-2 business days. For more complex projects requiring review of detailed engineering reports, construction drawings, and as-built surveys, allow additional time for assessment and any back-and-forth on outstanding items. Engaging your certifier early, before documentation is finalised, helps avoid delays.
Do I need a separate application for each Compliance Certificate?
Yes. Each Compliance Certificate relates to a specific aspect of the works, for example, road design, drainage design, or completed stormwater infrastructure. Where your consent conditions require multiple certificates, each is assessed and issued separately. Your certifier will advise on the certificates required for your specific project based on your consent conditions.
Need a Compliance Certificate for your subdivision project?
Contact Southwell Certifiers to discuss your project requirements and receive a no-obligation fee proposal. Call (02) 8734 5676, email admin@southwellcert.com.au, or request a fee proposal online.