Certifiers cannot issue CDCs for 'lead-in infrastructure'

31 May 2018
Recent amendments to the Infrastructure SEPP now allow certain lead-in infrastructure as complying development.

‘Lead-in infrastructure’ generally refers to minor pipeline works for water or sewage, to connect new development to existing reticulation systems.

Certifiers cannot issue complying development certificates (CDC) for ‘lead-in infrastructure’ under clauses 130-131 of the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP).

However, the Building Professionals Regulation 2007 (BP Regulation) only authorises certifiers to issue CDCs for building work, demolition or removal, or change of use. The EP&A Act defines ‘building work’ as any physical activity involved in the erection of a building, and a ‘building’ includes any structure or part of a structure, but does not extend to other aspects of a development.

A CDC for a building must list its classification under the Building Code of Australia (BCA). A pipeline is not classifiable under the BCA, meaning a certifier cannot issue a CDC for lead-in infrastructure.