What is an Occupation Certificate?
An Occupation Certificate verifies that the Principal Certifying Authority (Council or a Private Certifier) is satisfied that the building is suitable to occupy or use in terms of the requirements of the Building Code of Australia. There are two kinds of Occupation Certificates:
Interim Occupation - An Interim Occupation Certificate can be issued if the building is fit for occupation but there are still outstanding matters to be addressed. This authorises a person to commence occupation or use of a partially completed new building, or commence a new use of part of an existing building which is subject to a change of building use.
Generally, any outstanding matters must be addressed within 12 months of the date of the interim occupation of the building. However, the Principal Certifying Authority may impose a lesser period of time in which to complete the outstanding items. An application for a Final Occupation Certificate must then be made to Council.
Final Occupation - This authorises a person to commence occupation or use of a new building, or to commence a new use of a building resulting from a change of building use for an existing building.
It should be noted that an Occupation Certificate is a lawful requirement in the conveyancing process when a property is sold and it is therefore essential that you obtain a Final Occupation Certificate.
How to Apply for Occupation
Clause 149 of the Environmental Planning and Assessment Regulations requires an application for occupation certificate be made by a person who is eligible to appoint a PCA for the relevant development.
To comply with the legislation, it is necessary to make an application for an Occupation Certificate where Council has been appointed as the PCA.
To apply for an Occupation Certificate please complete and submit the attached form to Council 48 hours prior to requesting a final inspection.
Application Form – Occupation Certificate
An occupation certificate can only be issued by the PCA appointed for the particular building project. Therefore, if Council has not been appointed as the PCA, it will be necessary to discuss this issue with the PCA appointed for that project.
Fees
There are no fees associated with the application.
What must be satisfied prior to the issue of an Interim or Final Occupation Certificate?
- a Development Consent or Complying Development Certificate (CDC) has been issued for the work
- a Construction Certificate (CC) has been issued for the work (not applicable where a CDC has been issued)
- the conditions prescribed in the development consent that must be satisfied prior to the issue of an Occupation Certificate have been met;
- the building is suitable for occupation or use in accordance with the Building Code of Australia
- the building does not constitute a hazard to the health or safety of the occupants
- all BASIX commitments must be completed
What documentation must be submitted prior to the issue of an Occupation Certificate?
- frame and truss certification
- wet area certification – that installation meets requirements of AS 3740
- glazing certificate – that installation meets requirements of AS 2208 & AS 1288
- survey to confirm that the building envelope conforms to the approved plans prepared by a registered land surveyor where applicable
- electrical certification – that confirms smoke alarms have been installed in accordance with AS 3786
- termite management certification – that confirms the termite management system meets the requirements of AS 3660