Understanding the difference and knowing when to call in the experts
In the fast-paced world of development and construction, clarity around responsibilities can make or break a project. One recurring question in NSW is ‘do I need a dedicated BCA Consultant on this project, or will the Certifier cover NCC compliance?’ We’re often asked this question by developers, architects, project managers, and even councils.
The short answer is every project in NSW requires a Certifier by law but a BCA Consultant is not always required. Yet for many projects, particularly complex or bespoke ones, engaging a consultant early is a smart investment in certainty, efficiency, and risk mitigation. Let’s break it down.
The role of the Certifier: a statutory requirement
In NSW, Certifiers are legally mandated for building works that require approval. Their primary role is to independently assess and verify compliance with the NCC and issue key statutory certificates, such as:
- Construction Certificates (CC)
- Complying Development Certificates (CDC)
- Occupation Certificates (OC)
But it’s important to understand what Certifiers are not allowed to do:
- Provide design advice or recommend design strategies
- Solve compliance issues for the architect or builder
- Act as part of the project team or participate in design coordination
The Certifier’s job is to remain impartial, serving as a statutory authority who checks, not shapes, your solution. However, Certifiers can offer specific statutory outputs that BCA Consultants cannot, such as:
- Statutory endorsement of a Performance Solution, including review of evidence prepared by others to demonstrate that the solution meets the relevant NCC Performance Requirements
- Identification of the applicable Deemed-to-Satisfy (DtS) Provisions and Performance Requirements that must be demonstrated to be achieved, eg C1P2: Spread of fire, F1P2: Preventing rainwater from entering buildings and D1P4: Safe conditions for evacuation
- Issuance of statutory certificates, which no BCA consultant may provide
- Refusal to issue a certificate, if non-compliance is evident, this is an essential safeguard to ensure compliance isn’t compromised by conflicts of interest
Where a BCA Consultant adds value
While not a statutory requirement, a BCA Consultant can play a vital role in guiding a project team through the design phase. Their job is to help you achieve compliance so that the Certifier can verify it.
A BCA Consultant can:
- Work closely with your architect and engineer to interpret the NCC
- Identify compliance risks during design, long before construction
- Develop Performance Solutions in collaboration with fire engineers or Access Consultants
- Prepare clear documentation, such as BCA Reports, that demonstrate the intent to comply
- Strategically navigate grey areas of the Code where interpretation is required
This proactive support is especially valuable on complex or non-standard developments, such as:
- Mixed-use and high-rise developments
- Healthcare and aged care facilities
- Schools and early childhood learning centres
- Projects involving significant Performance Solutions, fire safety engineering, or accessibility challenges
Don’t confuse custom with obligation
It’s true that many developers, architects, and even Certifiers now view BCA reports as standard practice. But let’s be clear: The law only mandates a Certifier. Engaging a BCA Consultant depends on the complexity of the project, the capability of your design team, and your appetite for risk.
Here’s a practical rule of thumb:
Project Type | Do You Need a BCA Consultant? |
Basic fitout, minor reno, or standard new build | Usually not — Certifier and architect can handle |
Moderately complex or performance-driven design | Worth a call — better to check early |
High-risk, performance-based, or non-standard works | Yes — early involvement is essential |
How we help
We offer both certification and consulting services but not on the same job. This is how we maintain independence and professional integrity.
- If you need a Certifier, we’ll provide thorough, impartial statutory assessment.
- If you need design-stage support, our BCA Consultants can help interpret the NCC, develop compliance pathways, and prepare detailed documentation which any Certifier (not just ours) will find robust and well-argued.
And if you’re unsure which one you need? We’ll listen, review your scope, and provide honest, practical advice — no over-servicing, no up-selling, just the right level of support for the job at hand.
If you’re in planning or early design, ask yourself:
- Do we have the in-house knowledge to tackle all applicable NCC provisions confidently, including the latest changes under NCC 2022 Amendment 1?
- Would early input from a BCA Consultant reduce back-and-forth with the Certifier and streamline approvals?
- Are we dealing with performance-based elements, fire safety, energy efficiency, accessibility, or building upgrades that trigger complex NCC requirements?
- Am I clear on the boundary between what my Certifier can review, and what I need expert advice on beforehand?
Whether you’re a seasoned developer or lodging your first DA, the key to smooth, compliant delivery is understanding who does what and when to bring in the right people.