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Occupation certificate

An Occupation certificate is issued by the appointed Principal Certifying Authority (PCA) for a development and grants approval for the use or occupation of a building. It is required for any new building work or change of use of a building with development consent or a Complying Development Certificate.

There are two types of occupation certificates:

• a final occupation certificate allows the occupation or use of a new building (including alterations or extensions), or the new use of an existing building following a change of its use.
• an interim occupation certificate allows either the occupation or use of a partially completed building, or of a new use of part of an existing building resulting following a change of its use. If an interim certificate is issued, a final occupation certificate is still required when all building work or the change of use is complete.

Depending on the particular OC sought, the PCA 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 CC has been issued.
• That the building is suitable for occupation (in accordance with its BCA classification).

The issue of the final OC is the last step in the formal DA and construction process (though there could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or landscape maintenance).

Lodgement requirements

Waverley Council can accept occupation certificate applications online the via the NSW Planning Portal.

All lodgements via the portal must include Waverley Council’s application forms and documentation requirements in electronic form following the Electronic Lodgement Guidelines, collated and labelled with the correct naming convention. Applications will not be accepted if the digital files are not submitted in accordance with the guidelines.

If your application is been lodged via the NSW Planning Portal, Council will review the application and if all information is submitted correctly, will contact you to pay the relevant fee. Council will not begin assessing the application until all the relevant fees are paid.

If you need assistance using the online service, please view the Department of Planning, Industry and Environment’s How To Guide or contact Service NSW on 1300 305 695 for additional support.