Environmental Planning and Assessment Act 1979 No 203
Current version for 12 September 2014 to date (accessed 25 November 2014 at 12:40)
Part 4ADivision 1Section 109H

109H   Restrictions on issue of occupation certificates

(1)  There are two kinds of occupation certificates, as follows:
(a)  an interim occupation certificate that authorises a person to commence occupation or use of a partially completed new building, or to commence a new use of part of a building resulting from a change of building use for an existing building,
(b)  a final occupation certificate that authorises a person to commence occupation or use of a new building, or to commence a new use of a building resulting from a change of building use for an existing building.

It is not necessary for an interim occupation certificate to be issued before a final occupation certificate is issued with respect to the same building.

(2)  An occupation certificate must not be issued unless any preconditions to the issue of the certificate that are specified in a development consent or complying development certificate, or any requirements of a planning agreement referred to in section 93F that, by its terms, are required to be complied with before such a certificate is issued, have been met.
(3)  An interim occupation certificate must not be issued to authorise a person to commence to occupy or use a partially completed new building unless:
(a)  a development consent or complying development certificate is in force with respect to the building, and
(b)  in the case of a building erected pursuant to a development consent but not a complying development certificate, a construction certificate has been issued with respect to the plans and specifications for the building, and
(c)  the partially completed building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and
(d)  such other requirements as are required by the regulations to be complied with before such a certificate may be issued have been complied with.
(4)  An interim occupation certificate must not be issued to authorise a person to commence a new use of part of a building resulting from a change of building use for an existing building unless:
(a)  a development consent or complying development certificate is in force with respect to the change of building use, and
(b)  the part of the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and
(c)  such other requirements as are required by the regulations to be complied with before such a certificate may be issued have been complied with.
(5)  A final occupation certificate must not be issued to authorise a person to commence occupation or use of a new building unless:
(a)  a development consent or complying development certificate is in force with respect to the building, and
(b)  in the case of a building erected pursuant to a development consent but not a complying development certificate, a construction certificate has been issued with respect to the plans and specifications for the building, and
(c)  the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and
(d)  such other matters as are required by the regulations to be complied with before such a certificate may be issued have been complied with.
(6)  A final occupation certificate must not be issued to authorise a person to commence a new use of a building resulting from a change of building use for an existing building unless:
(a)  a development consent or complying development certificate is in force with respect to the change of building use, and
(b)  the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and
(c)  such other matters as are required by the regulations to be complied with before such a certificate may be issued have been complied with.
(7)  In this section:

new building includes an altered portion of, or an extension to, an existing building.

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