Certainty sought for compliance funding

The NSW Government is undertaking a review into council compliance levies on building works to create a more certain, consistent and transparent planning system.

Minister for Planning and Public Spaces Rob Stokes said the review will help ensure councils have the necessary resources to make sure builders are doing the right thing.

"While complying development provides a fast and simple process for building or renovating, it is important that councils have the resources to monitor and enforce compliance with the rules," Mr Stokes said.

"At the same time, council fees for monitoring and enforcing complying development must be fair, consistent, and clear.

"That's why we are developing a new levy structure for complying development certificates that will set a transparent levy framework across the State from 1 July this year."

This new structure recognises the increased role for councils in monitoring and enforcing complying development.

Mr Stokes said the Government would also be switching off the ability for councils to charge compliance levies on Development Applications from 1 July 2021.

"Sometimes these fees can unfairly penalise proponents who are following the rules by charging them up to hundreds of thousands of dollars, deterring development instead of non-compliance," Mr Stokes said.

"We are also going to take a look at the process and limits for compliance cost notices, which are imposed after a builder has been issued with a compliance order for breaking the rules."

Consultation with councils and the development industry will form an important part of the review.

Importantly, councils can continue to fund compliance activities while the review is being undertaken through penalty notices and compliance cost notices.

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