A Guide to the New - Building Commission

Occupancy Permit - s40 to s65
Except for class 1 and 10 buildings, before a completed building is occupied, an
occupancy permit must be obtained from the permit authority. It is evidence that a
building has been lawfully constructed and is safe to occupy for the use stated on the
permit. An occupancy permit covers a number of different situations:
To occupy a completed building
To occupy temporarily an uncompleted building
To approve an additional temporary use of a building
To approve a permanent change of a building‘s use or classification
For registration of a strata scheme or plan of re-subdivision
To approve retrospectively unauthorised work
To bring an existing building into the Building Act framework.
An application for an occupancy permit must be accompanied by a:
Certificate of construction compliance (for new buildings); or
Certificate of building compliance (for existing buildings).
On the day the Building Act commences, a certificate of classification for an existing
building will be taken to be an occupancy permit. Buildings under construction will
need an occupancy permit before they can be occupied.
Building Approval Certificate - s46 to s65
This can be used in circumstances where an occupancy permit is not applicable,
such as for class 1 and 10 buildings, or incidental structures. It provides certainty
that a building or incidental structure meets the relevant requirements, and can be
used to approve retrospectively previously unauthorised work. It can also be used for
registration of strata title plans.
Certificate of Construction Compliance - s56
A certificate of construction compliance, signed by a registered building surveyor,
certifies that the building has been constructed in accordance with the certificate of
design compliance and the building permit, all associated plans, specifications and
conditions, and that the building is safe to occupy. The builder named on the building
permit is responsible for constructing the building correctly.
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