Occupation CertificateS (OC)
An Occupation Certificate is a type of development certificate issued under the Environmental Planning and Assessment Act 1979.
An Occupation Certificate is a certificate that authorises:
- The occupation and use of a whole new building, or a part of a building in accordance with a development consent; or
- a change of use for a building in accordance with a development consent.
An Occupation Certificate can only be issued by the Principal Certifier (PC) for the development.
It is illegal to occupy or use any type of new building without an Occupation Certificate.
To enable an Occupation Certificate to be issued, the Principal Certifier must be satisfied that:
- All mandatory critical stage inspections have been satisfactorily carried out,
- The building work must be consistent with the Development Consent or CDC,
- Any required “prior to the issue of an Occupation Certificate” conditions have been satisfied,
- BASIX commitments have been completed,
- All relevant installation/compliance certificates have been provided,
- The building is suitable for occupation or use, in terms of the Building Code of Australia
The issuing of an Occupation Certificate may be jeopardised if any critical stage inspection has been missed.
Please note that all Occupation Certificate applications are required to be submitted to us via the NSW Planning Portal.
Advisory Note:
It is important to note that where a missed inspection has occurred or building works are not consistent with the development consent, a Building Information Certificate (BIC) cannot be used to address the missed inspection/s or non-compliances for the purpose of obtaining an Occupation Certificate.
The issuing of a BIC only indicates that Council will not pursue any compliance action.
The NSW Building Commissioner March 2025 circular News for Certifiers states:
“Only if the building has the required approvals (DA/CC/CDC) and is consistent with them (see 5.5, 5.6.4, and 5.8 of the Practice Standard) should the OC be issued. A council BIC does not override these responsibilities. Principal certifiers should not direct clients to obtain a BIC to remedy non-compliant work but should direct that the work be rectified to meet approved plans, specifications, and conditions.”
Principal Certifier are required to issue a Written Direction Notice (WDN) when a non-compliance has been identified. Where the matter remains unresolved, Part B of the WDN is required to be submitted to Council for further compliance action.