Design Memo
23 March 2026
CCC-DM-2026-103

Water Services Coordinators: Getting Your Section 73 Certificate

What You Need to Know

Before you can occupy a new building in Sydney, you need a Section 73 compliance certificate from Sydney Water. It proves your development has adequate water, sewer, and stormwater services. A Water Services Coordinator (WSC) is the accredited professional who manages the application, designs the infrastructure, and coordinates construction on your behalf.

The Rules

  • Section 73 of the Sydney Water Act 1994 requires a compliance certificate before council issues an occupation certificate (Sydney Water Act 1994, s73)
  • Your council or certifier decides if your development needs a Section 73 certificate (Sydney Water Act 1994, s73)
  • Subdivisions, apartments, townhouses, duplexes, commercial builds, and boundary adjustments all need one (Sydney Water Land Development Guide)
  • Granny flats approved under SEPP (Housing) 2021 complying development are exempt, unless GFA exceeds 60 m² or the site is in a Priority Sewerage Scheme area (Sydney Water Section 73 requirements)
  • Sydney Water must issue a Notice of Requirements within 60 days of a completed application, or grant the certificate (Sydney Water Act 1994, s73)
  • The Notice of Requirements is valid for 12 months. After that, you must reapply and pay again (Sydney Water Section 73 policy)

What This Means in Practice

Sydney Water does not accept Section 73 applications directly from developers for major works. You must engage a WSC. For minor works on small-to-medium projects, you can use Sydney Water Developer Direct instead, at a fixed fee of $1,164 inc. GST. You cannot use both at the same time.

The WSC lodges your application, receives the Notice of Requirements, and coordinates everything from design through to construction and final inspection. Once Sydney Water inspects and approves the completed works, they issue the Section 73 certificate. The WSC hands it to your council or certifier.

Minor works include new sewer connections, water service pipes from existing mains, and mains extensions under 25 m. Major works cover apartment buildings over 4 storeys, subdivisions of 5 or more Torrens-titled lots, new land releases, pressure sewer developments, and any project that needs pipes relocated. Major works require a Developer Works Deed signed with Sydney Water before design can start.

Key Design Decisions

1. WSC or Developer Direct

Use Developer Direct for small projects with minor works only (small unit blocks, dual occupancies, 3-4 lot subdivisions). Engage a WSC for anything bigger, or if you want someone to manage the full process.

Trade-off: Developer Direct is cheaper and fixed-price. A WSC costs more but handles design, project management, and complex requirements.

2. Engage the WSC Early

Lodge a feasibility application at DA stage. Sydney Water will tell you the likely charges, requirements, and conditions before you commit. The Notice of Requirements takes up to 60 days to arrive.

Trade-off: Early fees for the feasibility application, but you know the infrastructure costs before committing to the project.

3. Budget for Infrastructure Contributions

IPART-regulated charges apply to recover the cost of new assets. From 1 July 2026, full contributions apply (previously capped at 50%). The amount varies by Development Servicing Plan area and adjusts with CPI each July.

Trade-off: These charges are non-negotiable. They come on top of construction costs and WSC fees. Factor them into your feasibility early.

4. Protect Existing Assets

If your building sits over or near existing Sydney Water mains or sewers, you need asset protection. The WSC designs protection measures (concrete encasement, relocation, or easement adjustments) as part of the Section 73 process.

Trade-off: Asset protection adds cost and may constrain your building footprint. Identify pipe locations before finalising the site plan.

Who Needs to Know What

References

  1. Sydney Water Act 1994 (NSW), Section 73
  2. Sydney Water, Section 73 Compliance Certificates (sydneywater.com.au)
  3. Sydney Water, Steps for First-Time Developers (sydneywater.com.au)
  4. Sydney Water, Water Servicing Coordinators - Listed Providers (sydneywater.com.au)
  5. Sydney Water, Developer Works Deed, Schedule 1: Standard Terms, Version 5
  6. Sydney Water, Infrastructure Contributions Policy
  7. IPART, Water Industry Competition Act 2006 - Licensing Framework
  8. State Environmental Planning Policy (Housing) 2021
  9. AS/NZS 3500 series, Plumbing and Drainage

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