What is an Occupation Certificate?
The issue of the Occupation Certificate (OC) is the last step in the formal DA and construction process. The OC is a certificate that allows an owner or occupier to legally live in or use a building. OCs indicate that a building is fit for use in accordance with its classification under the Building Code of Australia. An occupation certificate can only be issued by the PCA appointed for the building work.
There are two (2) types of occupation certificates:
1. Interim Occupation Certificate
An Interim Occupation Certificate permits occupation of a completed portion of a building.
To enable a PCA to issue an interim occupation certificate, the PCA must be satisfied that the building is structurally adequate and that relevant health and safety provisions of the BCA have been met.
2. Occupation Certificate
An Occupation Certificate is issued upon completion of all building work and certifies that all conditions of consent have been complied with.
You need an OC if you want to:
- live in or use a new building, or
- change the use of an existing building.
They can be applied for online via the NSW Planning Portal, either:
- when you apply for your Construction Certificate (CC) or complying development certificate (CDC), or
- as a standalone application.
For a an OC certificate to be issued, your building or development needs to:
- Tick all the boxes for the necessary regulatory standards.
- Be ready for occupation, following its Building Code classification.
- Ensure all the Conditions of Consent of the approvals have been satisfied.
- If the application includes plumbing and drainage works, you will need to have acquired a Final Section 68 through Council
Note: If you're developing or building a class 2 building, make sure to let us know your plan to apply for an OC. We'd required notice 6 to 12 months of your intention to apply for an OC.
You will need to have the below information and documentation before you can apply for an OC.
Copies of documents for uploading, which may include but are not limited to:
- Development Consent or Complying Development Certificate
- Construction Certificate
- Fire Safety Certificate
- Compliance Certificate
- Documentation specific to your application (as requested by council)
- Log in to the NSW Planning Portal
- Open the related Development Application or Complying Development Certificate
- Select Request Certificate from the 'Request related applicaton' menu.
Proceed by following the system prompts to complete your application, either as an independent submission or by associating with an existing DA/CDC application.
Additional resource: Refer to the step-by-step guide to submitting your OC application - How to submit an application for an OC
A 'part occupation certificate' can be issued for staged projects/works. This certificate allows you to occupy the part of the building that’s been completed.
If you apply for a Part or Interim OC, you will need to reapply for a new OC to obtain the final version or additional parts, when you reapply please note fees will apply for this new application.
Apply for an Occupation Certificate pursuant to clause 149 of the Environmental Planning and Assessment Regulation 2000.