Bonds and guarantees for development

Damaged footpath

A security bond may be required on certain development applications to guarantee against damage to surrounding public infrastructure from private construction works. These include:

  • Subdivisions
  • Development Applications
  • Swimming Pool Applications
  • Complying Development Applications.

By requiring a bond, Council encourages builders and developers to take extra care in protecting public assets, ensuring the community isn't left to cover repair costs. This approach promotes responsible construction, reduces the risk of harm, and maintains the integrity of public spaces.

For Development and Swimming Pool Applications, the bond is paid before a Construction Certificate can be issued. For Complying Development Applications, the bond must be paid before work can start. In both cases, this will be a condition of the approval. The bond payment is required when the Construction Certificate is submitted through the NSW Planning Portal.

For subdivisions, a cash bond or bank guarantee is to be lodged with Council before a subdivision works certificate or subdivision certificate can be issued (also a condition of the approval).

All bonds are refundable after a final inspection has been passed and on submission of a cash bond or bank guarantee refund request to Council.

Photographic records Bond amounts Application and refund process Frequently asked questions

Photographic records

We recommend you take clear, dated photographs of all relevant Council infrastructure around the development site and the neighbouring properties, before construction begins. The images should be taken from a perspective that identifies where in proximity to the works they were taken from.

These images are to be uploaded with your bond application and retained until the bond refund request has been processed to assist in ensuring a smooth bond refund process.

For non-subdivision, examples of images include:

  • the driveway (or the location where it will be constructed), including the footpath
  • existing Council footpath
  • existing Council kerb and gutter
  • existing Council greenspace (area between the street and the footpath in front of the property).

Example photos

Example photos should include driveways, footpaths, kerbs and gutters, and road reserves.

Bond amounts

For bond amounts, refer to Council's fees and charges online. Note there are separate fees to cover bond administration and site inspection.

The bond will be held until an occupation certificate is issued, and Council is satisfied that public infrastructure is in a pre-construction state.

Bond application and refund process

Pay a security bond

Step 1.Complete the application form

Enter the project details, including the application number and site address.

Council will issue you with a Tax Invoice.

Step 2.Pay the application fee

Refer to the payment options on the Tax Invoice.

Step 3.Complete works, final inspection and bond refund

When the works have been completed you can arrange for a final inspection. If the works have been completed and an Occupation Certificate issued, the bond will be returned to the original payee on request.

It is the responsibility of the applicant / payee to advise Council when works are completed, and the security bond is due for refund.

Request a Security Bond payment

Refund

Step 1.Complete the application form

You'll need to provide a copy of the Occupation Certificate and the bank account details for the original payee.

If your account details are not the Payee's, we will not process the application.

Step 2.Site inspected and assessed

Following a satisfactory inspection, the Security Bond, minus the administration/inspection fee and any additional inspection fees applicable will be refunded. Please allow up to 6 weeks for a bond refund.

Step 3.Bond returned (if appropriate)

The bond will be refunded to the payee whose account details provided are provided in the refund request. The payee must be the person who originally paid the Security Bond.

Apply for a bond refund

Frequently asked questions

What is the bond for?

The Bonds for Development—Non-Subdivision is a financial security deposit required for all new non-subdivision developments within Tweed Shire above $25,000 where construction will occur.

The bond ensures applicants and owners fulfil their obligations related to the construction phase, including repairing any damage to public infrastructure.

Why is this bond required?

The bond is implemented to protect the community and Council from potential damage to public infrastructure during construction. By requiring a bond, Council encourages builders to take care in protecting public assets, ensuring the community isn't left to cover repair costs.

This approach promotes responsible construction, reduces the risk of harm, and maintains the integrity of public infrastructure.

Who is required to provide the bond?

The bond must be provided by applicants or owners undertaking construction before the Occupation Certificate is issued.

How much is the bond?

The bond amount depends on the estimated cost of construction work. It is based between $3,000 - $10,000.

The values are available via Council's fees and charges online.

How do I submit the bond?

Applicants or owners submit the bond online via Council's website - follow the steps above. It's recommended to submit the bond at the same time as your Construction Certificate.

How do I get the bond returned?

When the applicant or owner requests the Occupation Certificate or final inspection, a Council officer will contact you with instructions for submitting the bond refund request.

The refund process will begin after the final inspection and the status of the public infrastructure is known. 

When is the bond refunded?

The bond refund occurs after the final inspection is completed, and any damage to public infrastructure has been repaired. When no damage is confirmed, the bond can be refunded within a week.

What happens if there is damage to Council infrastructure?

If repairs to public infrastructure are required, applicants or owners must provide evidence of the completed work.

A Council Building Officer will assess the work, and if it does not meet standards, the bond may be used to cover the costs of remediation.

What happens if the works are not satisfactorily completed?

If after the inspection the Council officer determines that the works have not been satisfactorily completed and/or damage has occurred then Council will "call up" the bank guarantee.

"Call up" means that Council will use the money paid at time of lodging the cash bond to rectify any incomplete/damaged works/infrastructure identified as a result of an unsatisfactory inspection.

Can I appeal a bond-related decision?

Yes, you can appeal decisions regarding the bond, such as the bond amount or deductions. Appeals must be lodged in writing within 30 days of receiving the final inspection report.

When is a bank guarantee returned?

In order for a bank guarantee to be returned, the applicant who applied for the initial bank guarantee will need to write to Council to request that the guarantee be returned.

Council will not return a bank guarantee until it is satisfied that all works associated with the guarantee have been completed.  Generally an inspection will be carried out by a Council officer to determine if the works have been completed.

If after the inspection the Council officer determines that all works have been completed satisfactorily then Council will process the return of the bank guarantee.

Who can I contact for more information?

For further assistance, contact our Customer Service team on 02 6670 2400 or ask to speak with the Building and Environmental Health Unit's On-Duty Officer.

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