NSW – HENDRY building certifiers advise that the Building Professionals Board (BPB) has provided advice concerning the issue of an occupation certificate, particularly when a significant period has passed since a final inspection. Neither the EPAA nor EPAR (building regulations) place any restriction on the timing of an application for an occupation certificate. However, a principal certifying authority cannot issue an occupation certificate unless all of the relevant requirements under the EPAA and EPAR are satisfied.

Clause 149A(1) of the EPAR allows a principal certifying authority to require the applicant for an occupation certificate to provide additional information that is needed for the application to be properly considered. There are no statutory restrictions on how long an applicant has to provide this information.

BPB recommends accredited building certifiers specify a reasonable time for the information to be provided, taking into consideration the nature of the information required. If the specified time passes, building certifiers are to inform the applicant that unless the information is provided within a further period, the application will be determined on the basis of the information available to the building certifiers at the time.

If some time has elapsed between the final prescribed inspection and the lodging of the application for the occupation certificate (or the additional information being required by the principal certifying authority under clause 149A(1) EPAR being provided), the principal certifying authority should consider re-inspecting the development to establish if the criteria for the issue of the occupation certificate are still satisfied.

Building Legislation Table

Refer to our Building Legislation Table for further information on the building control process.