Occupation Certificate

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What is an occupation certificate?

An Occupation Certificate is a certificate issued under Part 6 of the EP&A Act which authorises:

  • the occupation and use of a new building in accordance with a development consent, or
  • a change of building use for an existing building in accordance with a development consent.

An Occupation Certificate confirms that the completed building work accords with the development consent, including prerequisites and conditions. The OC also confirms that the building (or part of the building) is suitable for occupation or use in accordance with its classification under the Building Code of Australia (BCA).

An Occupation Certificate must be issued before commencing the following activities:

  1. the occupation or use of a whole or any part of a new building, including parts of partially completed new buildings;
  2.  the change of building use of the whole or any part of an existing building.

Prior to issuing an Occupation Certificate, a development consent, construction certificate, or a complying development certificate, must have been issued for the development.

When issued, an Occupation Certificate is taken to be part of the development consent.

An Occupation Certificate for a part or whole of a building may be issued under the provisions of Part 6 of the Act but in respect of development consents granted from 1 December 2019. The former provisions in Part 4A of the EP&A Act (including the interim and final OC regime) will continue to apply to development consents granted prior to this time.

An Occupation Certificate may only be issued by the certifier who has been appointed as the principal certifier for that development.

Below are the steps that need to be followed to lodge a Occupation Certificate with Council.

Step 1 - Are you ready?

Before you can apply for an Occupation Certificate you must ensure that all building works are finalised, the power and water are connected.

You must read through the Notice of Determination or Complying Development Certificate depending on what planning approval pathway to ensure that all Conditions of Consent have been met. 

You must ensure that you have obtained any Certificates required for aspects of the building and upload them with the application.

If there are any conditions in relation to driveway upgrades please ensure that you have contacted Council Technical Services team to undertake an inspection to sign off on any access conditions. 

If you met all the above then you are ready to apply on the NSW Planning Portal. 

Step 2 - Lodging an Application

Applicants will need to lodge an application for Occupation Certificate on the NSW Planning Portal.

Any required documentation will also need to be uploaded for Counsil Staff.

Step 3 - Pre-lodgment Review

Once all documentation is uploaded Council Staff will review the documents and send notification if more information is needed. If the information is sufficient then a Fee Quote will be sent for payment of fees if not already paid at Construction/Complying Development stage.

 

Step 4 - Occupation Certificate Inspection

Council Staff will contact you to arrange for a Final Inspection to be undertaken. 

Depending on the size and complexity of the building the inspection can take from 1/2 hour to 2 hours please ensure you have enough time set aside. 

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