Clause 137(3A) Report
A Clause 137(3A) Report checks that your building alterations (internal) and/or change of use does not impact any existing performance solutions, so you can lock in your CDC with confidence.
We’ve got your Clause 137 (3A) Report sorted.
Planning building alterations (internal) works or a change of use under a Complying Development Certificate (CDC) in NSW? If the existing building contains a performance solution report, then you’ll need a Clause 137(3A) Report.
This independent report confirms that the building works and or change of use remains consistent with the performance solution report for the existing building. Without it, a certifier can’t sign off on your CDC.
At Buildcert, we help commercial builders, developers, building designers, residential builders and property owners get compliance sorted, so there are no surprises holding up approvals, deadlines, or handovers.
[ Our approach ]
How we get your compliance locked in.
01
Review Your Performance SolutionsWhat it is
A Clause 137(3A) Report confirms that the building works or change of use remains consistent with the performance solution report for the building.
The first step in the process is to send us your design plans, a copy of the current fire safety schedule, the existing performance solution report for the building, and any supporting documents for your CDC application. We’ll let you know if anything else is needed to complete the review.
Why it matters
Clause 137(3A) Reports are mandatory when your development involves building alterations (internal) or change-of-use projects where the existing building is subject to a performance solution report. Without it, your CDC can’t be approved. Getting it right at this stage means fewer delays later.
What you gain
Clarity and certainty. We’ll make sure you’ve got everything in place upfront, so there are no compliance issues or last-minute surprises holding up approvals.
02
On-Site Review and Compliance CheckWho does this
One of our A1 accredited certifiers; experienced, independent, and across every detail of the BCA and CDC requirements.
What we check
We’ll visit your site to validate the performance solution report for the existing building, assess real-world conditions, and ensure they match your documentation. We’ll then cross-check everything against the relevant fire safety and BCA compliance requirements under Clause 137(3A).
Outcome
You’ll get a formal Clause 137(3A) Report that confirms your development remains consistent with the existing buildings performance solution report. It’s ready to submit with your CDC application, and we’ll be on hand to support you through the next steps, too.
03
Benefits of a CDC Pre-AssessmentWhat’s involved
Prepare architectural plans and any required supporting documents. Conduct a desktop assessment to identify the appropriate approval pathway
04
Why Choose Buildcert for Your Clause 137 ReportWhy it helps
These reports can make or break your CDC submission when existing buildings are provided with performance solution reports. Getting it done early (and done right) means faster approvals and no hold-ups when it’s time to build. Plus, with Buildcert, it’s one less thing to stress about. We’ll talk straight, act fast, and work alongside your whole team to keep things moving.
[ Why choose Buildcert ]
Certification sorted.
For projects big or small, Buildcert gets your certification sorted. Trusted experience, clear communication and fast turnarounds mean you get less stress, more certainty, and support to keep your project moving.
- +47000Approvals issued.That's over 47,000 approvals, sorted.
- 15.6B$Total value of construction approved.$15.6B of construction approved and counting.
- +275000Inspections completed.Clients trust Buildcert because we’ve got the experience and know-how to get your certification sorted.
"The Buildcert team are approachable, knowledgeable and always willing to tailor their advice to suit each project. Their friendly, practical approach makes the certification process straightforward for our customers and team."
"Buildcert’s building compliance expertise was invaluable during our recent upgrades. Their team brought confidence, clarity and professionalism to a complex project, ensuring everything stayed compliant and on track from start to finish."
"Buildcert has been a reliable partner for years. Their proactive approach, local knowledge, and responsiveness take the stress out of certification for our team."
"Buildcert are a valuable partner for our team. Their practical guidance, collaborative approach and clear advice help us deliver bespoke designs that meet compliance without compromising creativity."
Ready to get your Clause 137 Report sorted?
Toolbox
Frequently asked questions.
Got questions about Clause 137(3A) reports, performance solutions or what 'deemed-to-satisfy means? Here's what you need to know to get your compliance, sorted.
What is a Clause 137 report, and when is it required?
Clause 137 of the Environmental Planning and Assessment Regulation sets rules around Complying Development Certificate (CDC) issuance. If the existing building is subject to a performance solution for a fire safety requirement under the Building Code of Australia (BCA) and your development comprises internal alterations or a change of use, you will need a compliance report to support your CDC application.
This confirms your design is consistent with the existing performance solution report.
What’s a Performance Solutions Report?
When your project doesn’t meet deemed-to-satisfy (DTS) provisions, a Performance Solution Report steps in. It’s a technical document that demonstrates how your design meets the Performance Requirements of the Building Code of Australia or alternative methods to show it's just as safe.
What does ‘Deemed-To-Satisy’ (DTS) mean?
DTS refers to the prescribed, prescriptive pathways in the BCA. If your design ticks these boxes, like specific setback distances or fire ratings, you meet compliance automatically. If not, you may need a Performance Solution; a tailored, performance-based alternative designed to achieve the same safety outcome in a different way.
Do I need a Building Code of Australia (BCA) report, and what’s included?
If your project involves compliance challenges under the Building Code of Australia (BCA), a BCA Report is often recommended by Councils, certifiers, and architects. It’s particularly useful for change-of-use applications, alternative design solutions, or projects with unique site conditions.
A BCA report evaluates your design against the Deemed‑to‑Satisfy (DTS) provisions of the Code.
It checks areas such as structure, fire-resistance, access & egress including accessibility, services & equipment and health & amenity components. This assists in identifying if your design satisfies the applicable DTS provisions of the BCA.
You’ll often find DTS non-compliances forming the requirement for design amendments or where design amendments cannot be satisfied a performance solution report may be proposed.
Can my certifier prepare a Building Code of Australia (BCA) report too?
Typically the same certifier cannot prepare both the BCA report and act as the Principal Certifier on a project as legally this may present a conflict of interest due to certifiers legally not being able to provide design advice.