BCA Consultant vs Private Certifier: Who Do You Actually Need?

If you are considering a build, a renovation or development in NSW, you may have heard two job roles that sound like the same thing, but are actually quite different: a BCA consultant and a private certifier. One of the most common (and expensive) mistakes architects, builders and homeowners make is to confuse the two or to hire the wrong one at the wrong time. This guide explains exactly who does what, when, and why, and how you can avoid the delays that result from getting it wrong.

What is the cause of this confusion?

Both roles deal with the National Construction Code (NCC), formerly known as the Building Code of Australia (BCA). They both collaborate with architects and builders. Both are engaged in the approval process in some way. However, one is advisory and the other has statutory powers to approve your project. When they’re mixed up, you might end up paying for information you didn’t need, or even failing to take a required legal action.

What is a BCA Consultant?

A BCA consultants are a technical expert who assesses your building design against the National Construction Code and helps you to identify potential compliance issues before they become costly issues. Imagine that this professional is the one who tests your drawings against the code long before a certifier is even able to look at them.

Common tasks in a scope of work are:

• Check architectural drawings to ensure code compliance with regards to fire safety, access, structural and energy considerations.
• Create a BCA compliance report including non-compliances and solutions.
• Suggest design modifications to prevent rework on construction site
• Support performance-based solutions where there is a design that does not satisfy the “deemed-to-satisfy” requirements.
• Communicate with architects and engineers to address problems in the initial stages

Importantly, this kind of advisor has no statutory powers of approval. They are not able to prepare a Construction Certificate, Complying Development Certificate or Occupation Certificate. They only alert you to the risks, you are the one signing off on the project.

That is why it is common for architects and developers in NSW to have a BCA consultant sign off on their designs for DA. Councils are now requiring a BCA report to be submitted with a Development Application, especially for larger residential and commercial projects as it allows them to see that the design has been tested against the code before the application is even submitted. Having this review completed at the design phase can dramatically decrease the amount of Requests for Information (RFIs) that a council has to submit, helping to keep your project from becoming bogged down in a queue.

What Doen a Private Certifier Do in Australia?

A private certifier (also known as Principal Certifying Authority (PCA)) is a licensed building professional who has legal powers to inspect and certify building work for compliance with the Environmental Planning and Assessment Act. Compliance consultants’ decisions are not statutory, as are those of a private certification provider.

A  certifier has the responsibility to:

• Issuing of Construction Certificates before commencement of construction work.
• Providing Complying Development Certificate for qualifying projects (the whole assessment and approval process is carried out by the private certification provider under a Complying Development Certificate)
• Conducting required critical stage inspections in the construction phase.
• Officially granting a building the Occupation Certificate to enter and take possession of the premises.

• As Principal Certifying Authority, monitoring compliance from end to end.

Since 1998, council-only approvals have been supplemented by private certification throughout NSW as a means of providing an alternative to council approvals for the property owner. Today, a person registered as a professional of this type can be engaged in virtually any residential, commercial or mixed use project provided that they are registered as a professional in the appropriate class of registration for the building type.

The Complying Development Certificate (CDC) Pathway Specifically

CDC private certifiers can approve a project without lodging a full Development Application if it is considered to be complying development, which is defined as a simple home renovation, a granny flat or a small commercial fit-out that meets specific development standards. This is generally the quickest route through law to getting construction underway. They consider your plans in relation to the relevant State Environmental Planning Policy and if all conditions are met, they can grant approval a lot quicker than a DA could. However, not all projects qualify, so it is best to contact the CDC private certification providers at an early stage to find out if your project is eligible before entering into detailed design work.

BCA Consultant vs Private Certifier in Australia: The Key Differences

Do You Need Both BCA Consultant And Private Certifier in Australia?

A private certifier is sufficient for most small residential jobs. For anything more complex, such as multi-unit residential, commercial fit-outs, aged care, education, and buildings with performance-based fire and access solutions, it’s best to hire a BCA consultant for DA approval first and then a private certification provider for the statutory sign-off. The consultant is responsible for the identification and solution of problems on paper; the certifier is responsible for the final work to be conformant with the code and for the issuance of the legal certificates.

This two-step approach is very helpful for architects. This type of consultant can be engaged at the schematic design phase when the concept is being sensed-checked, prior to the appointment of a private certifier as Australia-registered Principal Certifying Authority. The advantage of this sequence is that one does not end up in a situation where a certifier identifies a major non-compliance halfway through the construction process, where redesigning costs a lot more.

How to Choose the Right Professional For Your Projects

• Simple renovation or single dwelling — typically a private certifier will be used, especially when CDC private certifiers can provide fast-track approval.
• Multi unit development or commercial build — hire a compliance consultant at design stage and hire a private certifier for certification and inspections.
• A specialist consultant is required to create and justify the alternative solution for performance-based fire or access solution, before it can be approved by a certifier.
• Not sure whether or not your project meets CDC eligibility — talk to a private certifier early — they can verify eligibility before you commit to a complete DA package.

In both scenarios, ensure that any private certifier Australia-wide you use is registered and has the appropriate class for your type of building. This can be checked via the NSW Building Certifiers Public Register on Building Commission NSW.

AllCert Group is in the Middle

We are on both sides of this equation at AllCert Group. We are your BCA consultant and can generate an in-depth BCA compliance report to identify risks before they impact on your wallet, and we supply all private certifier Australia wide services across NSW including Construction Certificates, Complying Development Certificates and Occupation Certificates. If you’re not certain about which pathway is best suited to your project, our team can guide you through it during one conversation and determine the best and most efficient way to go from design to occupancy.

Get in touch for a free quote →

Frequently Asked Questions (FAQs)

Q. Is a compliance consultant the same as a certifier?

No. This kind of consultant generates advisory reports on code compliance, but does not have the legal powers to approve or certify a building. Construction Certificates, CDCs and Occupation Certificates are only issued by a registered private certifier or council.

Q. Is it possible to have a private certifier as a compliance advisor? 

There are some companies that provide both services, such as AllCert Group. Just be sure to see that the same person isn’t filling both roles of independent advisor and Principal Certifying Authority on a complex project, however, to avoid any conflict of interest concerns.

Q. Do I need a compliance review for a Development Application? 

Many councils are now asking for a BCA compliance report for larger, more complex DAs, although not always. Preparing a BCA for DA approval can minimize council questions and expedite the council process.

Q. What is the difference between a DA and a CDC? 

A Development Application (DA) is considered by council and can take a much longer time to assess, particularly for non-standard projects. Projects that comply with specific pre-set standards can obtain a Complying Development Certificate (CDC) assessed by private certifiers (CDCs), a quicker path available than council assessment.

Q. What can I do if a private certifier Australia-wide is not registered as a proper certifier? 

Before hiring a certifier, you can check the NSW Building Certifiers Public Register, created by Building Commission NSW, to verify whether they are registered and what class they are in, and if they have any disciplinary history.

Q. Who should I get to work first? 

If the project is a complex one, begin with a design stage compliance check early in the project to identify problems at the beginning. For relatively simple residential projects, you may be able to go directly to a private certifier, especially if your project is CDC-eligible.