An Occupation Certificate (OC) authorises the occupation and use of a new building or building section. For staged works, an Interim OC may be issued which allows you to occupy the completed part of the building.
The issue of the final OC is the last step in the formal Development Application and construction process (though there could be ongoing ‘operational’ conditions on your development consent such as maintaining appropriate noise levels or landscape maintenance).
When can I apply for an Occupation Certificate?
Depending on the particular OC sought, the Principal Certifying Authority must be satisfied the development meets various regulatory standards. These generally include that:
- A development consent is in force.
- The design and construction of the building is not inconsistent with the development consent.
- Any pre-conditions set out in the consent or requirements of planning agreements have been satisfied.
- A Construction Certificate has been issued.
That the building is suitable for occupation (in accordance with its Building Code of Australia classification).
What is the fee to apply for an Occupation Certificate?
The fees applying to Occupation Certificates are set under the Environmental Planning & Assessment Regulation 2000 and are found in Council’s Fees and Charges Schedule .
Note that there are separate fees for Partial and Final Occupation Certificates and additional fees may apply where re-inspections are required to be carried out by a Council officer.
Before lodging, ensure you have the required plans and documents.
Once you have all your documents ready you can lodge your application with Council through:
- NSW Planning Portal – This is an online portal facilitated by the NSW Government where you can submit your DA to Council online. You will first need to create an account on the Portal as an applicant. For information on how to register for, and use the planning portal, see the NSW Planning Portal Quick Reference Guides.
NSW Planning Portal Note
To register for a NSW Planning Portal account, go to the NSW Planning Portal Home Page and select My Account. See the Quick Reference Guides for step by step instructions on the registration process.
Once you have an account you will be able to lodge the development application though the portal:
- The quick reference guide will provide instruction on creating a new development application and will require you to upload your application documents. You will need to upload your application form and DA checklist in addition to the plans and documents prepared for your application.
- Council will then review the submitted application for completeness.
- You will then be contacted via the portal and notified of one of the following:
- Your application is not yet complete and additional information is required.
- Council has accepted your application and fees can now be paid.
Once the fees have been paid, the application is then considered to be lodged with Council.
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