People still talk about interim and final occupation certificates, but for most approvals granted since 1 December 2019 those labels no longer apply. The current system uses one type of occupation certificate (OC), with a partial OC available when only a portion of a building is ready to use. Here is how the two systems compare.
How the old system worked
Under the earlier rules, a certifier could issue an interim OC when part of a building was ready to occupy or when minor items were still outstanding. A final OC followed once all the work and conditions were complete. In practice, some projects stayed on an interim OC for years without ever reaching the final step.
These terms still matter for development consents and OCs issued before 1 December 2019. If your approval predates that, the former arrangements can still apply.
What applies now
Reforms to Part 6 of the Environmental Planning and Assessment Act 1979 removed the split between interim and final certificates. For approvals granted after the change:
- an occupation certificate can cover a whole building or a part of it
- a certificate for the first completed stage of a partly finished building is called a partial occupation certificate
- a partial OC comes with a condition that an OC for the whole building is obtained within five years
- the certificate must clearly identify which part of the building it covers
The five-year condition is designed to stop buildings sitting half-finished but occupied indefinitely.
What a partial OC allows
A partial OC only authorises people to occupy and use the part it covers. Before issuing one, the certifier has to be sure that:
- the completed part is consistent with the approval
- any conditions linked to that part have been met
- the unfinished work will not put the health or safety of occupants at risk
- the required inspections for that part have been carried out
When this comes up on home projects
For a single house built in one go, a single OC at the end is the norm. A partial OC is more likely where an approval covers stages, for example:
- a dual occupancy where one dwelling is finished well before the other
- a large addition built in stages while the family lives in the finished section
- a house that is complete while other approved work on the same approval is still under way
Whether a partial OC is available turns on the approval, the conditions and how safely the finished part can be separated from the work site.
Planning for staged occupation
If you think you will want to move in before everything is done, raise it with your certifier at the outset. Things to plan for include:
- safe, separate access to the finished part, with the work area fenced off
- smoke alarms, balustrades and handrails working in the occupied area
- certificates from trades for the finished part collected before you apply
- any lender or insurer requirements tied to the OC
Our Occupation certificates: what you need before moving in covers the documents commonly needed. For how we handle the final stage, see our occupation certificate page, and book your final inspection when every item is complete.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Camden Council, Shellharbour City Council, Wollongong City Council, Willoughby City Council, Hawkesbury City Council, Wollondilly Shire Council.
Suburb pages with local planning notes: Austral, Avoca Beach, Northbridge, Oran Park, Pitt Town, Shell Cove, Tahmoor, The Oaks, Wadalba, Wongawilli. You can also browse every service area.
Sources
- Development Certification & Fire Safety Regulation 2021, as made (legislation.nsw.gov.au)
- Occupation certificates fact sheet, Hornsby Shire Council