Record what an erection consent authorises once the building is erected
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the consent and the application the lawyer has marked, record that a development consent which authorises the erection of a building, but not the use of the building once erected, is sufficient to authorise the use of the building when erected for the purpose for which it was erected, if that purpose was specified in the application. Record that this does not authorise occupation of the building if an occupation certificate is required before occupation. Do not decide that the purpose was specified. Do not decide that occupation can start.
- What the lawyer must review
- The lawyer decides whether the consent is an erection consent, whether the purpose was specified, and whether occupation can start. Section 4.19 of the Environmental Planning and Assessment Act 1979 (NSW) says a development consent that authorises the erection of a building, but not the use of the building once erected, is sufficient to authorise the use of the building when erected for the purpose for which it was erected if that purpose was specified in the application for development consent. The section does not authorise the occupation of such a building if Part 6 requires an occupation certificate to be issued. The definitions section was not opened. A separate task checks whether use can start without an occupation certificate. This task does not apply that check and does not decide that occupation can start.
- 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 | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Copy the consent and the purpose only as they appear in the papers the lawyer has marked.
- Keep both sentences: the use that is authorised, and the occupation that is not.
- Do not decide that the purpose was specified or that occupation can start.
Sources
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.