A Certificate of Occupancy will be required for a Class 1a building where the application for building consent is lodged and verified in the e-planning system on or after 1 October 2024.
Verification occurs when the relevant authority has determined it is the correct entity to assess the application and all required documentation has been provided.
The requirement for a Certificate of Occupancy has been linked to verifying a building consent application in the e-planning system because:
- some applications may be lodged in person rather than electronically, meaning the system is unable to clearly ascertain the lodgement date
- it ensures consistency, as some dwellings may not require planning consent
- it ensures complete applications have been lodged with all the required and appropriate documentation.
The department has developed the following documentation for implementing Certificates of Occupancy for Class 1a buildings, to be used from 1 October 2024:
- revised Statement of Compliance
- new Chief Executive’s Requirements
- revised Certificate of Occupancy.
These documents were developed with feedback from councils, industry and other stakeholders.
Documentation
Part A – Licensed building work contractor’s statement has been updated to:
- include new requirements for all Class 1 buildings (replacing the list on the current form that applies to Class 1b buildings). The new requirements are more specific about what works are to be identified as completed
- identify, using check boxes, what items the building work contractor has completed, what items are not applicable to the building, and/or what items are ‘To be completed by owner’. This is to assist relevant authorities in consolidating documentation where multiple Statements of Compliance are issued for one building, alleviating some administrative burden
- require the building work contractor to list the building work included in the development authorisation that has not been completed and will be the responsibility of the person signing Part B – Owner’s statement to complete within the prescribed time frame (other than when those items are identified as ‘To be completed by owner’ in Part A).
Part B – Owner’s statement has been updated to require the owner to:
- certify the builder has, to the best of the owner’s knowledge, completed the building work in accordance with the approved plans
- certify that, where the building is a Class 1a building, they understand they are required to complete, or facilitate the completion of, any items identified as ‘To be completed by owner’
- declare that they:
- understand the Statement of Compliance will be used to issue a Certificate of Occupancy
- acknowledge smoke alarms must be installed before a Certificate of Occupancy will be issued (per the Chief Executive’s Requirements)
- acknowledge all bushfire protection requirements must be installed before a Certificate of Occupancy will be issued if the building is located in the Hazards (Bushfire – High Risk) Overlay in the Planning and Design Code (per the Chief Executive’s Requirements)
- acknowledge and accept any risk associated with a Certificate of Occupancy being issued while items remain identified as ‘To be completed by owner’
- understand that any items identified as ‘To be completed by owner’ must be completed within 6 months of the Certificate of Occupancy being issued (otherwise the Certificate of Occupancy may be revoked).
The Chief Executive’s Requirements are:
- that the Statement of Compliance has been appropriately completed (signed by appropriate parties and all aspects completed)
- any concerns identified through council inspections during construction have been resolved
- where the Statement of Compliance indicates smoke alarms and bushfire protection requirements are ‘To be completed by owner’, the owner provides a statutory declaration and/or other evidence to the satisfaction of the relevant authority to confirm those works have been completed.
Note the smoke alarms must be installed prior to issuing a Certificate of Occupancy in all circumstances, but bushfire protection requirements are only mandated where the building is in the Hazards (Bushfire – High Risk) Overlay of the Code.
To avoid doubt, whilst the Chief Executive’s Requirements mandate the completion of bushfire protection requirements in specified areas, relevant authorities retain the discretion to require the installation of bushfire protection requirements (and all other requirements listed on the Statement of Compliance) in other locations if they deem it necessary.
This is part of the ‘two-pronged’ test set out in section 152 of the Planning, Development and Infrastructure Act 2016, which requires a relevant authority to be satisfied the building is suitable for occupation in addition to the building satisfying the Chief Executive’s Requirements.
If a relevant authority is not satisfied a building is suitable for occupation for any reason, they may withhold issuing the Certificate of Occupancy.
Statement of Building Occupancy Requirements Class 1a (PDF, 198 KB)
The amended Certificate of Occupancy form separates the requirements for all building classes (including Class 1a buildings) and the requirements for only Class 1b and Class 2-9 buildings.
The requirements for all building classes replicate the Chief Executive’s Requirements, providing a checklist of matters the relevant authority needs to confirm are met before issuing the Certificate of Occupancy.
Also, the form includes a mandatory condition for Class 1a buildings which requires items identified as ‘To be completed by owner’ in Part A clause 1 of the Statement of Compliance to be completed within 6 months.
This gives relevant authorities the flexibility to issue a Certificate of Occupancy in circumstances where they are satisfied a dwelling is suitable for occupation but for the completion of certain aspects identified on the Statement of Compliance.
