One of the most common points of confusion in the NSW planning and construction process is the difference between engaging a building certifier to issue approvals and formally appointing one to oversee construction. Both steps are essential; they are related, but they are not the same thing.
Why the process matters even when our fee proposal is accepted
When a project moves from approval into construction, clients may be surprised to learn that engaging a certifier and formally appointing a certifier are not the same thing.
We are commonly engaged to act as both Accredited Certifier and Principal Certifier, and most of our certification fee proposals reflect this combined role. Even so, there are distinct statutory steps that must occur, in the correct order, to allow works to lawfully commence.
Understanding the difference helps avoid delays, NSW Planning Portal issues, and unnecessary frustration at the start of construction.
The role of an Accredited Certifier (AC)
An Accredited Certifier is engaged to assess whether a proposed development complies with planning controls, the NCC and relevant standards, and to issue statutory approvals prior to construction. In practical terms, this is the design and approval phase of a project.
Once engaged, an AC will review the design documentation, issue a compliance checklist, coordinate the assessment process, and work with the project team to resolve any non-compliances. When the relevant statutory requirements are satisfied, we can issue either a CC or a CDC. At this stage, the certifier’s role is focused on:
- confirming that the proposed building work is compliant
- enabling the project to move toward construction readiness
Importantly, while a CC or CDC is a critical milestone, it does not authorise work to commence on site. It is an approval to build, not permission to start building.
The role of a Principal Certifier (PC)
The Principal Certifier role applies during the construction phase, not the design phase.
Once construction is proposed to commence, legislation requires a PC to be formally appointed to oversee compliance during the works. This includes:
- carrying out mandatory inspections
- monitoring compliance with the approved documentation
- responding to critical stage notifications
- ultimately issuing Occupation Certificate(s)
Unlike the AC role, the Principal Certifier appointment is not established by contract or by issuing a CC or CDC. It is a statutory appointment that must occur through the NSW Planning Portal.
So, even where we have issued the CC or CDC, and even where our fee proposal includes PC services, we are not legally appointed as Principal Certifier until the Portal process is completed and accepted, which must be actioned by clients (see ‘How the full process fits together’ below).
Why the process still matters when we are engaged for both roles
It is very common for clients to ask us to propose fees for PCA services (an older terminology meaning Principal Certifying Authority), intending for us to carry out both the approval and construction certification roles. Our fee proposals typically reflect this and cover:
- Accredited Certifier services (CC or CDC)
- Principal Certifier services (construction inspections and occupation certification)
However, a fee proposal, even when accepted, does not replace the statutory appointment process. In NSW, the law separates:
- engagement of a certifier (commercial agreement), and
- appointment of a Principal Certifier (statutory notification)
The Planning Portal exists to ensure that:
- the correct certifier is formally nominated,
- that the certifier has explicitly accepted the appointment, and
- that the relevant authorities are notified before construction begins.
Because of this, the Portal steps must still be followed, regardless of what is covered in the fee proposal.
How the full process fits together
In simple terms, the process works as follows:
First, after accepting our fee proposal, we are engaged as an Accredited Certifier. We issue you with the applicable checklist, begin assessment of the design, and coordinate compliance with the project team or responsible person.
Upon resolving any design compliance issues, we email you the relevant document set at which point you must initiate the CDC or CC application and the Principal Certifier appointment in the NSW Planning Portal. We then review and formally accept that appointment in the Portal. Subject to meeting the requirements, we can now issue your CC or CDC, but this still does not mean that construction can begin.
After issuance of the applicable certificate, you must submit the Intention to Commence Work (ITCW) in the Portal. This final step triggers system notifications to us and the Consent Authority and confirms that all pre-commencement requirements are in place. Only then can construction lawfully commence.
Download our handy overview here: Certifier Appointment Process
Why projects sometimes get stuck
Delays most often occur when:
- the PC appointment has not yet been lodged or accepted,
- a CC or CDC has been issued, and works are assumed to be authorised, or
- the Intention to Commence Work cannot be submitted because the Portal prerequisites have not been met.
These are not technical errors; they are usually process gaps.
How we support our clients
We are regularly engaged as building certifiers, and we guide clients through each stage of the process. While we cannot initiate specific Portal actions on a client’s behalf, we work closely with project teams to ensure each step occurs in the correct order and without unnecessary delay. Understanding the distinction between our roles, and why the process exists helps ensure projects start on site lawfully, efficiently, and with confidence.