Check whether use can start without an occupation certificate
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether the next step is occupation or use of the whole or a part of a new building, or a change of building use of the whole or a part of an existing building. Copy, without deciding that an exemption applies, any fact matching a paragraph of section 6.9(2): exempt development or development that does not otherwise need consent; a compliance certificate described as an authorised alternative; a person or circumstance the lawyer says the regulations prescribe; or work by or for the Crown or a person prescribed by the regulations. If a certificate has already been issued, record whether the file shows compliance with preconditions in the development consent, a development consent in force, and, for a new building under a development consent other than a complying development certificate, a construction certificate for the plans and specifications. Copy any statement that the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia. Leave the regulations row blank.
- What the lawyer must review
- The lawyer applies sections 6.9 and 6.10 of the Environmental Planning and Assessment Act 1979 (NSW). An occupation certificate is required to commence occupation or use of a new building, or a change of building use of an existing building, unless one of the exemptions in section 6.9(2) applies. A certificate must not be issued unless consent preconditions have been complied with. For a new building, the further bars in section 6.10(2) apply, including a construction certificate where the building was erected under a development consent other than a complying development certificate, and suitability for the classification. For a change of building use, section 6.10(3) applies. The regulations referred to in both sections are not stated here. The tool does not decide suitability or that an exemption applies.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Record whether the next step is occupation or use of the whole or a part of a new building, or a change of building use of the whole or a part of an existing building. Copy, without deciding that an exemption applies, any fact matching a paragraph of section 6.9(2): exempt development or development that does not otherwise need consent; a compliance certificate described as an authorised alternative; a person or circumstance the lawyer says the regulations prescribe; or work by or for the Crown or a person prescribed by the regulations. If a certificate has already been issued, record whether the file shows compliance with preconditions in the development consent, a development consent in force, and, for a new building under a development consent other than a complying development certificate, a construction certificate for the plans and specifications. Copy any statement that the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia. Leave the regulations row blank. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep the requirement question separate from the restrictions on issuing a certificate.
- Do not decide that an exemption applies. Copy the matching fact and leave the conclusion blank.
- Do not decide that the building is suitable for its classification.
- Leave every regulations row blank.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 6.9, requirement for an occupation certificate · 2026-10-22
- Environmental Planning and Assessment Act 1979 (NSW) s 6.10, restrictions on issue of occupation certificates · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.