Council calls for independent certifiers in building standards inquiry

A Sydney council is calling for the NSW Government to change the way private certifiers are selected for building approvals.

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Hornsby Mayor Philip Ruddock has led calls from councils across NSW to change laws around development standards, as a crash in confidence continues to rupture the building industry.

Cr Ruddock said council was supported at the NSW Local Government Conference, following calls to change building standards to see developers striped of the ability to select their own private certifiers to approve development.

He said certifiers should be “chosen at random” to prevent occurrences where they are convinced “the only way I keep my job is to keep a developer on side”.

In a submission to the NSW Government inquiry, Hornsby Council called on the NSW Government to install independent building certifiers to “reinstate public confidence” and remove the ability for developers to “appoint their own certifiers” as the state’s construction crisis reaches a tipping point.

Council raised concerns over the hundreds of complaints made against private certifiers who “have failed to exercise duties as a public official”.

“One of the major concerns with the current certification scheme is that property owners and

developers are permitted to choose who carries out the certification works, which does not instil public confidence that a rigorous assessment process has been undertaken throughout the certification process,” the Hornsby Council submission said.

Hornsby mayor Philip Ruddock. Picture: Justin Sanson

Council raised concerns around the government’s new Medium Density Housing Code, which will allow one and two-storey dual homes, manor houses and terraces to be fast tracked as complying development approval by private certifiers without council input.

“It is even more critical that the NSW Government reinstates public confidence in the building certification process by removing the ability for developers to appoint their own certifiers,” a council officer said.

Hornsby Council called for the NSW Government to prevent formerly banned certifiers be prohibited from being employees, consultants, directors or shareholders of entities providing certification services.

Cladding undergoing fire safety tests. Picture: Daron Hodder

Movement occurred at the Opal Tower apartment building.

Council also called for more scrutiny of applicants and establish a process that sees councils appoint building certifiers to ensure there is no connection between the builder and the regulator.

Submissions to the inquiry were also made by the Byles Creek Valley Union, which called on the NSW Government to install a “fully inclusive checklist for development applications”.

The local union also called for onsite inspections to occur before approval is given to a development.

Greens MP David Shoebridge will chair the inquiry from August 12, which will examine the role of private certification in protecting building standards and the adequacy of consumer protection for owners and purchasers of new buildings.

Greens MP David Shoebridge speaks to media. Picture: Britta Campion

The inquiry will also assess the limitations of building insurance and compensation schemes.

“With an increase of high rise apartments, particularly in the Sydney region, it is extremely important that the NSW Government has adequate regulation and oversight of the building industry, including appropriate consumer protection, and are responding to building defects in a timely and effective manner,” Mr Shoebridge said.

“Due to widespread public concern this issue needs to be addressed urgently.”