Planning, Development and Infrastructure Act 2016

A person must not—

occupy a building on which building work is carried out after the commencement of this section unless an appropriate certificate of occupancy has been issued for the building, or the building is of a type excluded by the regulations from the requirements as to certificates of occupancy; or

occupy a building in contravention of a certificate of occupancy.

Maximum penalty: $10 000.

A certificate of occupancy will be issued by a council.

An application for a certificate of occupancy must—

include any information required by the council; and

be accompanied by such certificates, reports or other documentation as the regulations may require; and

be accompanied by the appropriate fee.

The regulations may provide that a report or consent from a prescribed agency or authority must be obtained in accordance with the regulations before the application can be granted (but if a report or consent is not received from the agency or authority within a period prescribed by the regulations, it will be presumed, unless the agency or authority indicates otherwise, that the agency or authority does not desire to make a report or consents (as the case requires)).

The council must consider any report supplied under subsection (4) before deciding the application.

The council must issue the certificate if it is satisfied (in accordance with procedures set out in the regulations and on the basis of information provided or obtained under this section) that the relevant building is suitable for occupation and complies with such requirements as may be prescribed by the regulations for the purposes of this provision.

A certificate of occupancy does not constitute a certificate of compliance with the Building Rules.

The regulations may specify the time within which an application should be decided under this section.

An application will be taken to have been refused if not decided within the time specified by the regulations.

A council which refuses an application must notify the applicant in writing of—

the refusal; and

the reasons for the refusal; and

the applicant's right of appeal under this Act.

Any appeal under this section must be commenced within 28 days after a notice is given to the appellant under subsection (10) unless the Court allows an extension of time.

A certificate of occupancy may apply to the whole or part of a building.

A council may, in accordance with the regulations, revoke a certificate of occupancy in prescribed circumstances.