A NSW Government website
Lord Howe
ISLAND BOARD
NSW Government

Development certification

Certificates for building work or subdivisions

Anyone undertaking building work or planning to subdivide land is responsible for obtaining certificates to show the work complies with relevant legislation and other standards. 

This certification process ensures that development on Lord Howe Island is safe, is of the highest standard, and meets industry standards and the National Construction Code (NCC), previously known as the Building Code of Australia (BCA).

The Lord Howe Island Board (LHIB) can advise which certificates are required for each development however these will usually be detailed in a Development Consent by way of a condition. These certificates are issued by accredited certifiers who are experts on technical standards and regulations and are registered to issue these certificates by the NSW Office of Fair Trading. 

Post-approval certificates confirm that your construction plans and development specifications are consistent with the development consent, as well as complying with the Building Code of Australia and Board requirements. Any changes to your plans that are inconsistent with the development consent will need to be assessed. A subsequent application to modify the development consent may be required (see Modifications and Reviews).

Appointing a certifying authority

If work requires a post-consent certificate such as a construction certificate (CC) an accredited certifier must be appointed as the principal certifying authority (PCA) before work commences.

The PCA’s job is to collaborate with you through the construction process and issue you with an occupation certificate (OC) when the work is completed.

To make this decision, the PCA inspects the development at various points in the build and ensures that the building is safe and fit to occupy and in accordance with the development consent and CC.

It is mandatory that post-consent certificates are registered by the certifier via the NSW Planning Portal within two (2) working days of the certificate being issued.

Once appointed, the PCA will review building or subdivision works. They do this by making sure:

  • detailed plans and specifications for proposed work comply with relevant building standards and development consent requirements.
  • important building elements such as fire safety systems are installed to the required standards; and
  • the completed building or subdivision work is safe and healthy to occupy or use.

Note: LHIB do not provide a PCA service, nor can they make recommendations for a PCA. PCA’s can be searched on the NSW Government Fair Trading register.

The PCA will advise you the fees payable for engaging their services. These are paid under an agreement between the certifier and the applicant.

Notice of Commencement

Written notice must be given to the Lord Howe Island Board at least two (2) weeks prior to the commencement of building work.

What do you need to submit a Construction Certificate?

A PCA will provide you with a detailed breakdown of what is required specific to your development and tailored to your specific Notice of Determination and Conditions of consent. While additional information may be required by the PCA, the following provides a guide for the information required for the majority of developments:

  1. The application form: The details that you enter online via the NSW Planning Portal will constitute your application. You are advised the applicant's portal account should be used to lodge the application, as all correspondence about the application will be sent via the email address attached to that account.
  2. A Detailed Specification: The specification must include
  • The method of construction.
  • The standard to which any framing, wet area flashing, termite protection and glazing shall be installed.
  • A wind classification for the site shall be nominated, in accordance with AS4055 where any timber framing is proposed; and
  • A site classification, in accordance with AS2870, where any concrete footing or slab is proposed.
  1. Engineers Details and/or Certification: You will require input from an engineer for the following type of work:
  • Concrete footings and/or slabs. A soil classification in accordance with AS2870 shall be nominated for all works involving concrete footings or a slab.
  • Steel members (e.g. beams or posts).
  • Where it is proposed to build on an existing structure, a statement of structural adequacy is required for the existing building/slab to ensure it is capable of carrying the additional loads.
  • Where a timber frame exceeds the design parameters of AS4055, “Wind Loads for Housing” or AS1684, Residential timber-framed construction, a structural engineer must certify the timber frame. A wind classification for the site shall be nominated on the plans.
  1. Owners Details and Consent – The NSW Planning Portal will ask you to confirm that you have owners consent to lodge the application. 

More information

If you need assistance using the Online Construction Certificate Service, please view the quick reference guides or contact Service NSW on 1300 305 695 for additional support.

  • Register for a NSW Planning Portal account to start your application.
  • Log in to complete the online application form.

Subdivision Certificates

A Subdivision Certificate authorises the registration of the subdivision plan for lodgement with NSW Land Registry Services.

You need a Subdivision Certificate to create new titles for your subdivision.

To apply for a Subdivision Certificate on Lord Howe Island, you need to follow a specific process that involves several steps:

  1. Development Application (DA): First, you need to lodge a Development Application with the Lord Howe Island Board. This application seeks consent to carry out development, including subdivision
  2. Pre-Development Application Lodgement Meeting: It is recommended to have early discussions with the Board's officers to reduce the potential for delays or incomplete applications. You can contact the Lord Howe Island Board to find out if your proposal would benefit from a pre-lodgement application meeting
  3. Lodgement of Development Application: All applications must be submitted via the NSW Planning Portal. If you do not already have an account, you will need to create one.
  4. Assessment and Determination: The Lord Howe Island Board will assess the impacts of your proposal to ensure it complies with the Environmental Planning and Assessment Act 1979, the Lord Howe Island Local Environmental Plan 2010, and other relevant planning controls.
  5. Subdivision Certificate Application: Once you have obtained Development Consent, you can apply for a Subdivision Certificate. This application must include various documents such as the subdivision plan, relevant development consent, subdivision works certificate, detailed subdivision engineering plans (if required), among others.
  6. Approval and Issue of Subdivision Certificate: After the Lord Howe Island Board has endorsed the Subdivision Certificate and the Plan of Subdivision, you can lodge your documents with the NSW Land Registry Services for registration and issuance of the new titles.

The Subdivision Certificate confirms that the subdivision has been completed according to the consent and that any subdivision work has been carried out in line with the Subdivision Works Certificate, as per Section 6.4(d) of the Environmental Planning and Assessment Act 1979.

Subdivision Process

The Subdivision Certificate is the final step in the subdivision approval process. Approvals are generally required in the following order:

  1. Development Application (DA)
  2. Subdivision Works Certificates (See below)
  3. Work as Executed (WAX) Plans Compliance Certificates (documented compliance and plans and conditions of consent)
  4. Subdivision Certificates

How to Apply for a Subdivision Certificate

Stage 1 – Subdivision Works Certificate

Under Section 6.13 of the Environmental Planning and Assessment Act 1979 (EP&A Act), a Subdivision Works Certificate (SWC) is indeed required before you can carry out subdivision work in accordance with a development consent. This certificate functions similarly to a construction certificate but is specifically for subdivision works. It certifies that the subdivision work will be completed in accordance with specified plans and specifications and will comply with any requirements in the regulations.

Subdivision works can be undertaken under a Construction Certificate or a Subdivision Works Certificate. A Subdivision Works Certificate is used in the case where a development application is for subdivision only, or where the subdivision is included in other development on the land and works required for the subdivision can occur before the construction certificate for the other development on the land. 

A PCA is required to issue a SWC. 

Stage 2 - Lodgement

Once the PCA issues the Subdivision Works Certificate, works have been completed and a work as executed plan has been prepared, you can apply for a Subdivision Certificate. This application must be lodged via the NSW Planning Portal. For more information, visit the NSW Planning Portal.

Your application must include the following:

  • Subdivision Certificate fee as per the current fees and payments
  • Plan of Subdivision (can be a copy of the original document)
  • Administration Sheets (must be the original document)
  • 88B Instrument (must be the original document)
  • Relevant development consent or complying development certificate, including written details confirming compliance with each condition of consent
  • Detailed subdivision engineering plans endorsed with a Subdivision Works Certificate (where applicable)
  • When requesting deferred commencement consent, evidence that the applicant has satisfied the consent authority on all matters required before the consent can operate
  • Evidence that the applicant has complied with all conditions of consent required before a Subdivision Certificate can be issued (where applicable)
  • Certificate of Compliance from the relevant water supply authority (where applicable)
  • Evidence that all:
    • Section relevant contributions have been correctly paid
    • Outstanding fees and charges have been paid
    • Work required by the Subdivision Works Certificate has been satisfactorily completed
    • Submission of a certification in the form of Attachment C1 - Subdivision Work Compliance Certificate from the engaged certifying civil engineer (with NER registration) or Registered Surveyor (previously submitted from the Subdivision Works Accredited Certifier (SWAC))
    • Documentary evidence that all matters contained in Section 6.15 of the Environmental Planning and Assessment Act 1979 have been complied with

Stage 3 - Approval and Issue of Subdivision Certificate

Once the Lord Howe Island Board has endorsed the Subdivision Certificate and the Plan of Subdivision, you can lodge your documents with the NSW Land Registry Services for registration and issuance of the new titles.

Forms

Application for Subdivision Certificate.pdf (PDF)(76.69 KB)