Constructions Certificates and the obligation of accredited certifiers
In accordance with section 94EC of the Environmental Planning and Assessment Act 1979 (NSW) and clause 146 of the Environmental Planning and Assessment Regulation 2000 (NSW), a certifying authority issuing a Complying Development Certificate for secondary dwellings under the SEPP (Affordable Rental Housing 2009), must impose a condition that requires payment of monetary contributions prior to commencement of works. This payment can be made to Council three working days after Council has received the consent from the accredited certifier.
In particular, the certifier must ensure that the applicant provides them a Council issued receipt(s) confirming that contributions have been fully paid upon following the requirements of clause 142(2) of the Environmental Planning and Assessment Regulation 2000 (NSW). Failure to follow this procedure may render such a certificate invalid, exposing the certifier to legal action.
The only exceptions to this requirement are where a works in kind, material public benefit, dedication of land and/or deferred payment arrangement has been agreed to by Council in writing. In such cases, Council will issue a letter confirming that it agrees to the alternative payment method.
Complying Development and the obligation of accredited certifiers
In accordance with section 94EC(1) of the Environmental Planning and Assessment Act 1979 (NSW), accredited certifiers must impose a condition requiring monetary contributions in accordance with this Contributions Plan.
The conditions imposed must be consistent with the Council’s standard development contributions consent conditions and be strictly in accordance with this Contributions Plan. It is the professional responsibility of accredited certifiers to accurately calculate the contributions and to apply the contribution condition correctly. Only conditions requiring monetary contributions can be imposed by an accredited certifier.
Accredited certifiers for complying development should refer particularly to section 3.11 of this Contributions Plan concerning the precise calculation of development contributions and the use of the on-line calculator.
In accordance with the Environmental Planning and Assessment Act 1979 (NSW), when an accredited certifier imposes a condition on a complying development certificate, the condition must be in accordance with this Contributions Plan and comply with any relevant directions given by the Minister under section 94E(1) (a), (b) or (d) of the Environmental Planning and Assessment Act 1979 (NSW).
This Contributions Plan authorises contributions that are consistent with directions made by the Minister up to the date of the Contributions Plan coming into effect. The onus is on the accredited certifier to ensure that any condition imposed on a complying development certificate is consistent with any current direction issued by the Minister.