Browse Forums Owner Builder Forum 1 Dec 14, 2021 4:30 pm I'm owner builder, have DA and started works just before the 5 year expiration date of the DA. 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. Re: Does a construction certificate expire? 2Jan 11, 2022 3:29 pm All Development & Building approvals have an expiry date regardless of the percentage of work undertaken. Your approval will include it's specific expiry date. We are Expert Consultant's, and we are here to help. Re: Does a construction certificate expire? 3Jan 15, 2022 9:28 pm See results of court case 24 march 2019 . 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. Re: Does a construction certificate expire? 4Jan 15, 2022 9:46 pm I'm quite sure the money you would need to pay to go to court (with no guarantee of a win) would be far better spent on speeding up the build We are Expert Consultant's, and we are here to help. Re: Does a construction certificate expire? 5Jan 16, 2022 8:31 am You have failed to gasp the most pertinent point that a DA does not lapse if work is commenced [ the original question asked ] . So the precedent is there, no need for a court case. If you ever build a house yourself you will soon find there are many reasons, some beyond your control, as to why the build can take longer than expected. Those of us who have done it will nod their heads. Re: Does a construction certificate expire? 6Jan 16, 2022 2:53 pm Mate, I'm just a dumb builder with 16 different trade qual's and a Bachelor in Construction, have been at this for 40 years including writing expert reports for the courts for the past 5 years (NSW & QLD). Just out of interest why did you ask the question if you didn't want an answer different to what you believed? Sort of pointless. Over the past 40 years I believe I've nodded my head more than once. Good luck with your argument. We are Expert Consultant's, and we are here to help. Re: Does a construction certificate expire? 7Jan 18, 2022 10:23 am As a retired longtime tradesman myself , I can read and comprehend a court decision which shows the error of your original response . As to your extensive list of trade as well as academic achievements , simply unbelievable , I have seen over a lifetime the quality of work that "experts in all fields " turn out , very ordinary . We are in NSW and require 2 positive covenants to be placed on the property didnt really underdtand this but apparently it will take a few months, and have just been… 2 7654 For anyone that comes across this issue in the future - Just did what aussieta said and found a plumber to inspect it and sign off on it. Was difficult to find someone to… 3 7205 Joe, it depends on your certifier but we are noticing the ones we deal with are really cracking down. So i would recommend you follow your approved landscaping plans to… 4 11355 |