A certifying authority is any person who is authorised under section 109D of the Environmental Planning and Assessment Act 1979 (EP&A Act) to issue a compliance certificate, construction certificate, occupation certificate or subdivision certificate. These certificates are known collectively as Part 4A certificates under section 109C of the EP&A Act. The certifying authority can be the consent authority, council, an accredited certifier or accredited body corporate.
The certifying authority may be appointed as the principal certifying authority (PCA) for the development, if they hold the appropriate accreditation. The PCA may only be appointed by the person having the development consent or complying development certificate.
Note: An accredited certifier acting in any role other than certifying authority is being engaged as a consultant in respect to the development (e.g. accredited certifier giving consultancy advice during fire engineering brief process).
Find an accredited certifier [external link]
When a certifying authority receives an application for construction certificate (CC) to which clause 144 of the Environmental Planning and Assessment Regulation 2000 (EP&A Reg.) applies, the certifying authority must refer certain plans and specifications to Fire and Rescue NSW (FRNSW) within seven (7) days.
When the principal certifying authority receives an application for occupation certificate (OC) for any building work to which clause 144 of the EP&A Reg. applies, the certifying authority must request a final fire safety report (FFSR) from FRNSW as soon as practicable after receiving that application.
When a certifying authority receives an application for occupation certificate (OC) for any class 2 or 3 building for building work that involved a relevant fire safety system in the building, the certifying authority must request a fire safety system report (FSSR) from FRNSW as soon as practicable after receiving that application.
When the certifying authority has a condition imposed upon their accreditation by the NSW Building Professionals Board (BPB) that requires written comment from FRNSW, and clause 144 of the EP&A Reg. does not apply, the certifying authority must request a report from FRNSW.