What should I do if I have a complaint about building work or a development site?

Any complaints in relation to building work or a development site should be referred to the Principal Certifying Authority (PCA) in the first instance because the PCA is the responsible person. Also, the PCA is the person with the most association and familiarity with events occurring on the applicable site. In many cases the PCA may be able to effectively resolve the complaint without the need for enforcement action.

Contact details for the PCA are provided on a sign at the front of the development site. If you are unsure who the PCA is or if you want to know if approval has been granted for the works, please call Council’s Customer Services staff on 9391 7000. Contact details for certifiers can also be found on the Building Professionals Board (BPB) website.

Letters and emails received by Council for development sites where a private certifier is the PCA will be referred to the PCA for consideration and investigation. Council will notify the author of this action as well as providing the contact details for the PCA.

When will Council act on complaints about building works or a development site under the control and supervision of a private certifier?

The Council will only act on complaints received in relation to building works and development sites where a private certifier is appointed the PCA when;

1. The work threatens life, safety or damage to property or the environment at the time of the complaint and immediate action is required;
2. The alleged breach is substantial and there is a likely environmental impact;
3. The complaint relates to work that may not form part of a development consent and therefore would not be the responsibility of the PCA;
4. Where the PCA’s response to the complaint is considered inadequate or Council does not agree with the PCA’s position;
5. Penalty infringement notices are to be issued and/or prosecution proceedings are to be commenced;
6. The complaint relates to breaches of ‘housekeeping’ or environmental conditions of consent that are generally enforced by Council’s Rangers including hours of work, footpath and roadway obstructions, odours and fumes, noise, dust, sediment control and discharges; and/or
7. It is in the public interest.

The factors that Council will take into consideration to determine if a private certifier’s handling of a complaint is adequate includes;

1. The timeliness of the investigation, having regard to the seriousness of the complaint;
2. Whether the certifier demonstrates a genuine commitment to address the issues;
3. The appropriateness of the action taken, including whether a physical inspection has been undertaken and whether any professional reports have been relied on;
4. Whether the certifier keeps the customer informed; and
5. Whether the customer is satisfied with the certifier’s response.

What are the enforcement powers of Council?

Council has a range of enforcement powers under the Environmental Planning & Assessment Act 1979 (EP&A Act) where compliance with a development consent or complying development certificate is not occurring.

The main compliance power is section 121B, which authorises Council to issue orders in specific circumstances to persons, requiring them to undertake, or to refrain from, certain actions.

A stop work order under section 121B can be issued by Council to stop building work where the provisions of the EP&A Act have been breached or the works affect the support of adjoining properties.

Section 121H(1) of the EP&A Act provides that, in cases not involving an emergency, Council must first give to the person to whom it proposes to give an order, a notice setting out the proposed terms of the order and the proposed period for compliance. The notice must also indicate that the person may make representations as to why the order should not be given.

Council may also issue penalty infringement notices for many breaches of the EP&A Act or Council can elect to commence Court proceedings. All enforcement action taken by Council will be in accordance with Council's adopted Enforcement Policy (PDF).

Any person may, under section 123 of the EP&A Act, bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of the Act.

Does the council become the PCA when it exercises its enforcement powers?

No. Where Council is not the appointed PCA but exercises its enforcement powers by the serving of a notice or an order, Council's intervention does not mean that it assumes the role of the PCA, the appointed private certifier continues to be the PCA.

To assist you to understand the role of PCAs and Council in relation to complaints about building work and development sites Council has produced a PCAs and Council (PDF) brochure.