Does a construction certificate expire?
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Before I started, I got the construction certificate and have made a substantial start which has been signed off by certifier.
My understanding is that because I've made a physical commencement the DA won't expire.
Have been talking to some people who have suggested, however, that the Construction Certificate may expire another 5 years post issue.
Just wondering if anyone has heard of this rule? I'm in Willoughby council NSW.
There's no where on the CC that indicates an expiration date.
A Development Consent for building works (a DA) lapses (expires) in NSW if work is not physically commenced with 5 years of the date of consent.
In a definitive decision: Cando Management and Maintenance Pty Ltd v Cumberland Council [2019] NSWCA 26 (25 February 2019), the Court of Appeal, Supreme Court of New South Wales (White JA, Beazley P and Meagher JA agreeing) has ruled upon the bare minimum work required to prevent a development consent from lapsing after 5 years.
See results of court case 24 march 2019 . In a definitive decision: Cando Management and Maintenance Pty Ltd v Cumberland Council [2019] NSWCA 26 (25 February 2019), the Court of Appeal, Supreme Court of New South Wales (White JA, Beazley P and Meagher JA agreeing) has ruled upon the bare minimum work required to prevent a development consent from lapsing after 5 years.
Over the past 40 years I believe I've nodded my head more than once.
Good luck with your argument.
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