PlanSA Pathways: Council vs Private Certifier for Building Rules Consent in South Australia

Understanding Building Consent Pathways in South Australia

Once Planning Consent is obtained through the South Australian PlanSA portal, developers and property owners face a crucial operational decision: selecting the relevant authority to assess and grant Building Consent. Under the Planning, Development and Infrastructure Act 2016, applicants may elect, when lodging their application, to have the building assessment carried out by the local municipal council or by an accredited private certifier (Accredited Professional – Building).

While both pathways assess compliance against the building rules, including the National Construction Code (NCC) and South Australia’s Ministerial Building Standards, the choice between a council and a private certifier can affect project timelines, assessment costs and administrative coordination. Understanding the practical differences between these assessment avenues is useful for optimising project delivery in Adelaide.

Assessment Efficiency and Timeline Management

One consideration for developers choosing a private certifier over a municipal council is the predictability of the assessment process. Municipal planning and building departments manage high volumes of applications across diverse asset classes, which can lead to processing queues during peak periods; the position varies between councils and over time.

• Private Certifiers: Operating on commercial agreements, private certifiers can in practice often provide more defined assessment schedules, direct lines of communication and prompt review of structural and services documentation. This may help reduce assessment delays and allow works on site to commence earlier.

• Municipal Councils: Councils process applications in accordance with statutory procedures. While council assessments follow standardised procedures, turnaround times may be affected by internal staffing resources and municipal workload.

For multi-unit developments or infill subdivisions, aligning Building Consent with structural engineering readiness is critical. Developers can use a staged consent strategy, securing Planning Consent first and having a private certifier review structural details once planning is approved, to help manage capital holding costs.

Fee Structures and Compliance Documentation

The financial and administrative requirements for Building Consent vary depending on the chosen assessment pathway:

Fee Structures

Where a council carries out the building assessment, the statutory assessment fees prescribed in the Planning, Development and Infrastructure (Fees) Notice apply; the current amounts are set out in the PlanSA fee schedule. Where a private certifier carries out the assessment, these fees are generally charged by the certifier as part of a commercial agreement, so the actual fee is negotiated between the parties. A private certifier’s fees may differ from the council’s, and whether the option is cost-effective depends on a overall comparison that takes into account savings in holding costs from a shorter timeline. In addition, other statutory fees (such as the lodgement fee and compliance fees) may apply under either pathway.

Statutory Documentation and Insurance

Regardless of whether a council or a private certifier is engaged, the same building rules apply. Under the Planning, Development and Infrastructure (General) Regulations 2017, where an application for building consent for domestic building work is lodged when a building contract is already in place, or where the work is being carried out by a building work contractor on its own behalf, Building Indemnity Insurance (BII) certificates must be provided with the application; in other cases, they must be provided to the relevant authority (council or private certifier) before notifying the commencement of building work. In South Australia, BII is generally required for domestic building work valued at $20,000 or more that requires development approval and is carried out by a building work contractor; whether it applies depends on the project. Mandatory certifications, energy efficiency assessments and engineering documentation also generally need to be reviewed before Building Consent is granted.

Referrals and Special Technical Constraints

Engaging a private certifier does not exempt a development from statutory referral requirements or specialised agency concurrences. Certain site constraints and building classifications require external technical review regardless of the chosen assessment pathway.

For example, a private bushfire shelter (a Class 10c building under the NCC) cannot be granted building consent, whether by a council or a private certifier, without the concurrence of the Building Technical Panel, a committee of the State Planning Commission. In addition, at completion, the owner and the builder must complete a Statement of Compliance, which is submitted with the application for a Certificate of Occupancy to demonstrate that the building work has been carried out in accordance with the building consent and approved documents.

Selecting the Right Pathway for Your Project

Choosing between a council and a private certifier depends on your project’s specific priorities, site constraints and timeline requirements:

• Council Assessment: May be more suitable for straightforward, single-dwelling residential builds where timelines are flexible and where payment of the statutory fee scale is preferred.

• Private Certification: Often chosen for time-sensitive residential infills and townhouse developments, and for complex projects, where close coordination between design teams, structural engineers and the certifier is needed.

Developers should consult their planning consultant, private certifier or local council early in the design phase to determine the most suitable assessment pathway for their specific land and building specifications.

Sources

• Development Application Process | Adelaide Hills Council

• Application fees | PlanSA

• Building indemnity insurance | PlanSA

• Private bushfire shelters | PlanSA

• Statement of compliance form | PlanSA

Illustrative image only — not a photograph of a Cyberate PM project. Photo by Tima Miroshnichenko on Pexels.