I’m planning to build, develop or subdivide – do I need a Section 73 Certificate?
You may need a Section 73 Certificate if your development or subdivision will impact on Sydney Water’s systems. This can include:-
- Creating a dual occupancy
- Subdividing land
- Constructing a residential, commercial or industrial building
You do not need a Section 73 Certificate if you are constructing a house which is replacing an existing dwelling or altering/extending a house (but you should get the Sydney Water – BPA Tap In done - The approved plans must be submitted to a Sydney Water Tap In to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately endorsed. For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site or AWPM can submit this Building Plan Approval Tap In application to Sydney Water on your behalf).
What is a Section 73 Certificate?
A Section 73 Certificate is confirmation that you have:-
- Built works (eg. Extensions or amplifications to Sydney Water’s systems) to ensure your development has correctly sized mains available for connection.
- Paid any Sydney Water charges
- Completed any other requirement
How does this relate to my Development Application?
Your local council requires a Development Application unless your proposal is exempt. Most developments affect Sydney Water’s water and/or sewer systems. Council may therefore require you to obtain a Section 73 Certificate. You will need to obtain your certificate and to meet all conditions of consent before you receive final council approval to occupy the building or register your subdivision at the Land Titles Office.
How do I get a Section 73 Certificate using the e-Developer System?
Step 1 – Engage a Water Servicing Co-ordinator for electronic processing.
Your first step is to select and engage as your agent a Water Servicing Co-ordinator who is licenced by Sydney Water to electronically lodge your application. A Co-ordinator can also undertake the project management, design and construction of any required works. The Co-ordinator will communicate electronically with Sydney Water right through the certification process. If you wish to engage Australian Water Project Management as your Co-ordinator please provide the following:-
- The current application fee is $920 and an application form can be obtained by contacting us firstname.lastname@example.org or call us on (02) 4648 0666. Additional charges may be made by the Co-ordinator to convert your application to an acceptable format.
- A copy of the development/subdivision plan as approved or proposed in electronic format and a copy of the approved council plans in hard copy, scale must be 1:500 or 1:1000, showing area of each lot, existing/proposed lot numbers and plan numbers (DP, SP, etc).
- If Subdivision is included in your development we will need a copy of your Pre-Allocated Plan Number Issue (PPN) which you must obtain from a registered surveyor.
- Note: If plan is in a hard copy only extra cost may be incurred to convert to electronic or scanned format.
- A copy of your Development Consent (if granted. You may apply for a Section 73 Certificate before you have the consent. However, an additional application fee will apply).
If you plan an unsubdivided dual occupancy, you should consider requirements for future subdivision. This can avoid additional costs such as moving newly laid services.
Step 2 – Receive Notice of Requirements
You will receive a Notice of Requirements from your Co-ordinator specifying what you need to do to obtain your Certificate. The Notice will be based on an assessment of your proposal and it’s impact on Sydney Water’s systems. It will specify:-
- Works needed to ensure each lot in your development has a frontage to a water main and a connection point to a sewer main (private water/sewer service lines in easements or joint service arrangements are not acceptable).
- Charges payable (see Step 3)
- Any other requirements such as amplification or adjustment of the system or building over sewer protection.
If applying before receiving consent, an advice called a “Letter Pending Development Consent” will identify what to do if your application is approved.
Step 3 – Pay charges and build works
Charges may include:
- Developer charges: Developer charges are a contribution toward Sydney Water’s water and sewer headworks and major works. These charges recover your share of Sydney Water’s costs in servicing the area of your development. Charges for a development can amount to thousands of dollars, depending on the size and location of the project. Charges will be given either in your Notice of Requirements letter (Step 2), in the Job Specific Letter (design approval), or at Transfer of Ownership stage (transfering sewer/water works to Sydney Water at finalisation).
- For current charge rates see Customer Services at www.sydneywater.com.au
- Contract administration fees
- Reticulation recovery fees (your contribution towards reticulation works benefiting your development already provided by Sydney Water or another developer).
- If works need to be built:
- You must engage a licensed Co-ordinator to facilitate the design and construction of the works at your cost. You may choose to use the Co-ordinator who lodged your application. You must sign the agreement/deed covering the works included with your Notice and return both copes to Sydney Water through your Co-ordinator.
- Your Co-ordinator then project manages the works. Once the works are completed satisfactorily, they are taken over as part of the Sydney Water system. If works affect adjacent properties, you or your Co-ordinator can negotiate access (additional fees apply if you want your WSC to do this for you). You may need to pay compensation and/or look at ways to minimise impact. Allow considerable time for this process.
Step 4 – Receive Section 73 Certificate
Once all requirements have been met, Sydney Water will issue a Section 73 Certificate to the Co-ordinator. This can then be provided to council.
How long will it take to get my Certificate?
The Notice of Requirements is generally issued to the Co-ordinator within 30 business days of Sydney Water receiving the application (may be longer if the development is complex). If works need to be built, certification will depend on how long the works take to be constructed and taken over by Sydney Water.
Are there any other costs?
Other Sydney Water fees you may need to pay include:
- Fees for checking building plans. There may be requirements for building over or adjacent to the sewer.
- Plumbing and drainage inspection and connection fees eg. Watermain drilling costs.
- Sydney Water tradewaste charges
- Fees for assessing watermains for fire fighting capabilities