New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 6.4

6.4 Kinds of certificates under this Part

(cf previous s 109C)
There are the following kinds of certificates under this Part--

(a)
"construction certificate" --a certificate to the effect that building work completed in accordance with specified plans and specifications or standards will comply with the requirements of the regulations.

Note : See also section 54 of the Strata Schemes Development Act 2015 for requirement for construction certificate in connection with issue of strata certificate for proposed strata plan.

(b)
"subdivision works certificate" --a certificate to the effect that subdivision work completed in accordance with specified plans and specifications will comply with the requirements of the regulations.

(c)
"occupation certificate" --a certificate that authorises--

(i) the occupation and use of a new building in accordance with a development consent, or

(ii) a change of building use for an existing building in accordance with a development consent.

When issued, an occupation certificate is taken to be part of the development consent to which it relates.

(d)
"subdivision certificate" --a certificate that authorises the registration of a plan of subdivision under Part 23 of the Conveyancing Act 1919 .
When issued, a subdivision certificate is taken to be part of the development consent that authorised the carrying out of the subdivision.

Note : Section 195A of the Conveyancing Act 1919 requires a person to lodge a subdivision certificate when lodging a plan of subdivision for registration under that Act.

(e)
"compliance certificate" --a certificate to the effect that--

(i) any completed building work or subdivision work complies with particular plans and specifications or with particular standards or requirements, or

Note : A compliance certificate may be an authorised alternative in certain cases to an occupation certificate.

(ii) a particular condition with respect to building work or subdivision work (being a condition attached to a planning approval) has been complied with, or

(iii) a building or proposed building has a particular classification identified in accordance with the Building Code of Australia , or

(iv) any aspect of development (including design of development) complies with particular standards or requirements.

A compliance certificate may certify strict, substantial or other compliance with a relevant matter.

Note : A complying development certificate is a form of development consent that is issued under Part 4 that authorises the carrying out of complying development. Unlike other development consents, construction certificates or subdivision works certificates are not required for building or subdivision work authorised by a development consent in the form of a complying development certificate.