A Private Certifier is authorised to exercise the assessment of a development against the Building Rules and, if appropriate, the assignment of a classification under the building code, and granting of a building rules consent (but not a development approval).
A Private Certifier has the ability to act under any provision of the Development Act or Development Regulations, which specifically provide for the exercise of a function.
Internal Building Work
Essential Safety Provisions (ESP)
Essential Safety Provisions are a requirement pursuant to Regulation 76 of the Development Regulations 2008.
This regulation applies in relation to a building in which essential safety provisions are installed or required to be installed or to be inspected, tested or maintained under the Building Code of Australia called up by reference under the Development Act 1993, or any former regulations under the Building Act 1971.
This regulation does not apply if the building is a Class 1a or 10 building under the Building Code.
In this regulation, a reference to maintenance in respect of essential safety provisions includes a reference to replacing the safety provisions, and to keeping records relating to the carrying out of maintenance work on the safety provisions.
Form 1 The Council must issue a schedule that specifies the essential safety provisions for the building; and the standards or other requirements for maintenance and testing in respect of each of those essential safety provisions as set out in Minister's Specification SA 76. This form is signed by the authorised officer of Council and is kept by the owner. Regulation 76(3)
Form 2 Is to be signed by the installer of the safety provision or, if the installer is a company, signed by the manager responsible for the installation work; once the installation of the safety provision has been completed. This form is to be returned to Council (with the builders completion statement) before a Certificate of Occupancy can be issued. Regulation 76(3a)
Form 3 The owner of a building in relation to which a schedule of essential safety provisions has been issued must, as soon as practicable after the end of each year, provide proof to Council of the adequate carrying out of maintenance and testing in respect of those safety provisions. The owner of the building signs this form and certifies the maintenance and testing has been completed and then submits it to Council each year. Regulation 76(5)
Certificate of Compliance
Regulation 83AB of the Development Regulations 2008 outlines a Statement of Compliance is required upon the completion of building work. This statement must be accompanied by any certificates, reports or other documents specified by the relevant authority for the purpose of Regulation 83AB of the Development Regulations.
A person must not perform building work, or cause it to be perfomed, except in accordance with technical details, particulars, plans, drawings and specifications approved under the Act (Section 45(1) of the Development Act 1993).
The statement must be signed by the building work contractor responsible for carrying out the relevant building work or, if there is no such person by a registered building work supervisor or a private certifier.
A Certificate of Occupancy is not required in respect of a Class 1a or 10 building under the Building Code (Pursuant to Section 67(1)(a) of the Development Act 1993)
Section 67 of the Development Act 1993, identifies that a person must not occupy a building on which building work is carried out after the commencement of this section, unless an appropriate Certificate of Occupancy has been issued for the building, or the building is of a type excluded by the regulation from the requirements as to certificate of occupancy, or occupy a building in contravention of a Certificate of Occupancy.
New homes are required to fit a 240 volt powered smoke alarm.
It is important that your smoke alarm is installed correctly and in an appropriate location.
Depending on the layout of your home, it may be necessary to install more that one smoke alarm to provide sufficient warning.
Please note: This infomation outlines the minimum standard of infomation that must be provided to Council so that your development application can be assessed for building approval. For more information contact Council's Development Officer - Building.
The Building Code of Australia requires that dwellings in South Australia must comply with energy efficiency requirements. Other energy requirements apply depending on the location and orientation of the dwelling. Applicants are encouraged to look into energy conservation features and in particular solar energy colleciton and electrical generators.
A Certificate of Builder's Indemnity Insurance is required to be provided when a licensed builder, a licensed tradesperson or a licensed building supervisor has been engaged for construction work valued at $12,000 or more. Indemnity insurance covers non-completion of building work and/or failure to rectify faulty work if the contractor dies, disappears or is declared bankrupt.
Owner/builders are required by law to meet the same legislative requirements relating to building work as licensed building contractors. These obligations are outlined in a Department of Planning and Local Government booklet 'As an Owner Builder, what are my responsibilities under the Development Act 1993?'.
Department of Planning and Local Government
Phone: 8303 0627