The Occupation Certificate (OC) authorises the occupation and use of a new building or part of a building. For staged works, a Part OC may be issued which allows you to occupy the completed part of the building.
Depending on the particular OC sought, the Principal Certifier 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 (CC) has been issued.
- That the building is suitable for occupation (in accordance with its Building Code of Australia (BCA) classification).
Issuing the OC for the whole of the development is the last step in the formal Development Application (DA) and construction process (though there could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or landscape maintenance).
An OC is required for the use, occupation or change of use of a new building subject to a Complying Development Certificate or Construction Certificate.
A Building Compliance Declaration and other prescribed documents must be submitted before an application is made for an OC where the building, or a part of the building, is a Class 2 building *, and the OC application is made on or after 1 July 2021
You can apply for your OC via the NSW Planning Portal.
How to apply online
- Register for a NSW Planning Portal account to start your application.
- Log in to complete the online application form.