Subdivision works certificates

Council worker on truck at construction site

A Subdivision Works Certificate is similar to a construction certificate, but for subdivision works.

It certifies that subdivision work will be completed in line with the plans, and specifications meet any regulation requirements.

A Subdivision Works Certificate is required before subdivision works start. It is related to development consent for the subdivision of land (or development that requires construction of public infrastructure such as roads or stormwater drainage).

Note: Subdivision Works Certificates used to be called Construction Certificates for Public Infrastructure.

What is a Subdivision Works Certificate?

A Subdivision Works Certificate is an approval that:

  • certifies that work completed in accordance with the approved plans and specifications will comply with Council's Development Control Plan: Section A5 - Subdivision Manual, Development Design and Construction Specifications, and relevant Australian Standards
  • certifies that the approved plans and specifications are consistent with the development consent and that all relevant conditions have been complied with.

It is recommended that the application for a Subdivision Works Certificate for public infrastructure be lodged after the development has been approved. This is because plans such as allotment layout, road locations or public open space areas often need to be amended during the determination phase of the Development Application.

Design costs for the preparation of the engineering plans can be minimised if the Subdivision Works Certificate is lodged after the development consent is approved.

A Subdivision Works Certificate for public infrastructure may be issued by Council or an Accredited Certifier who has appropriate accreditation from the Buildings Professional Board.

Planning legislation has placed several restrictions on private certifiers who wish to approve Subdivision Works Certificates with water supply and sewerage reticulation, so it is recommended that applicants discuss this with Council before making a decision on who will assess your Subdivision Works Certificate.

Stage 1 - Lodgement

A subdivision or development which creates public infrastructure requires a Subdivision Works Certificate. This needs to be lodged as part of your development application via the NSW Planning Portal.

For more information, visit how to use the NSW Planning Portal.

Information that must accompany your application

  • Subdivision Works Certificate fee (see fees and payments)
  • Copies of Compliance Certificates relied upon.
  • Electronic (PDF) copies of detailed engineering plans and specifications. The detailed plans may include (but are not limited to) the following:
    1. earthworks
    2. roadworks
    3. road pavements
    4. road furnishings
    5. stormwater drainage
    6. landscaping works
    7. erosion control works
    8. location of all service conduits(water, sewer, electricity and telecommunications).

Where the proposed subdivision work involves a modification to previously approved plans, the plans must be coloured or otherwise marked to the satisfaction of the certifying authority to adequately distinguish the modification.

The Environmental Planning and Assessment Act, 1979 (as amended) makes no provision for works under the Water Supplies Authorities Act, 1987 to be certified by an Accredited Certifier.

Long Service Levy Payments

Under section 6.14 of the Environmental Planning and Assessment Act 1979, a Subdivision Works Certificate cannot be issued until any Long Service Levy payable under section 34 of the Building and Construction Industry Service Payments Act 1986 has been paid or where such a levy is payable by instalments, the first instalment of the levy has been paid. Council is authorised to accept payment.

For more information on the Long Service Levy see Construction Certificates.

Stage 2 - Assessment

When Council assesses a Subdivision Works Certificate, the main steps are as follows:

  1. Once lodged, your application will be assigned to a Council Development Engineer.
  2. The Development Engineer will check your application for compliance against the following:
    • complies with Council's Design and Constructions Specifications
    • complies with Council's Development Control Plan: Section A5 - Subdivision Manual
    • complies with the conditions of the development consent
    • is consistent with the approved development plans
    • complies with all relevant Australian Standards.
  3. If the Development Engineer identifies matters that aren't compliant, the applicant is notified in writing and asked to submit revised documentation or justify the non-compliance.
  4. When all non-compliant issues have been resolved the assessing Development Engineer will issue a Subdivision Works Certificate and approved engineering drawings for construction.

Stage 3 - Construction

  1. Before construction begins you must notify Council of your proposed commencement date, who will be carrying out the work and who the engaged Certifying Engineer (with NER accreditation) or NSW Registered Surveyor will be.
  2. It is recommended that a pre-start on-site meeting be arranged between the Development Engineer, the engaged Certifying Engineer or Registered Surveyor and the Contractor to discuss construction issues.
  3. During the construction process numerous scheduled and non-scheduled inspections will be required for the roads, sewer, water supply, structures and stormwater water drainage. The engaged Certifying Engineer, Registered Surveyor or their representative and the Development Engineer will be required to attend the scheduled inspections. Fees for these inspections are in line with Council's fees and payments. A list of the scheduled inspections can be found in Council’s Development Control Plan: Section A5 - Subdivision Manual - Section A5.D.2.
  4. When subdivision works are complete, a Final Practical ('On Defects') inspection will be undertaken between Council, the engaged Certifying Engineer or Registered Surveyor and the Contractor to determine if the works are compliant with the Subdivision Works Certificate.

Subdivision process

The Subdivision Works Certificate is the second step of the subdivision approval process - approvals are generally required in this order:

  1. Development Application (DA)
  2. Subdivision Works Certificates
  3. Work as Executed (WAX) Plans Compliance Certificates
  4. Subdivision Certificates

Also see

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