A final occupation certificate must be issued by a principal certifying authority, whether it is the consent authority or an accredited certifier (building certifier) at the completion of the building works for the building to have legal occupation. The final occupation certificate, more commonly known as merely the occupation certificate, is a post-construction check on whether the building is suitable for occupation or use in accordance with its Building Code of Australia classification.
The Environmental Planning and Assessment Act 1979 provides that the Principal Certifying Authority issues a final occupation certificate to authorise commencement of occupation/use. The final occupation certificate can be issued if the following is satisfied:
It is to be noted that an interim occupation certificate can be issued before a final occupation certificate to allow commencement of the occupation or use of a new building or part of a building (eg. occupation of a staged development). The issue of a final occupation certificate for a new building certifies that the principal certifying authority is satisfied the whole building is suitable for occupation or use in accordance with its BCA classification.
To apply for a HENDRY final occupation certificate the following Application for a Final Occupation Certificate is required.
Refer to our Building Legislation Table for the statutory process surrounding the Final Occupation Certificate.