Occupation certificate

Will I need an Occupation Certificate?

An Occupation Certificate is required for any new building work, or change of use of a building, that is subject to development consent or a Complying Development Certificate. Occupation Certificates are not required for buildings which are exempt development.

An Occupation Certificate is issued under the Environmental Planning and Assessment Act 1979 and verifies that the Principal Certifying Authority is satisfied the building is suitable to occupy.

There are two types of Occupation Certificates

An interim Occupation Certificate

Allows the start of either the occupation or use of a partially completed building, or of a new use of part of an existing building. It can be issued when the building is fit for occupation but there are still outstanding matters to be addressed. If an interim certificate is issued a final Occupation Certificate is still required when all building work, or the change of use, is complete. 

A final Occupation Certificate

Allows the building to be occupied or used, including alterations or extensions, or the new use of an existing building.

Who can issue an Occupation Certificate?

An Occupation Certificate is issued by the Principal Certifying Authority. This may be Council or an Accredited Private Certifier. 

From July 1 2021, all Development Applications, Construction Certificates, Complying Development Certificates, Local Activity applications (Section 68) and all other relevant planning and building applications must be submitted through the NSW Planning Portal.

All applications that would have previously been submitted to Council's Planning and Building Department will only be accepted via the ePlanning Portal.

You can find out more about setting up an ePlanning account here.