18Lodgment on NSW planning portal before issue of occupation certificate

#### 18 Lodgment on NSW planning portal before issue of occupation certificate 18 Lodgment on NSW planning portal before issue of occupation certificate > > (1) For the purposes of section 17(2) of the Act, a building practitioner for building work must provide a building compliance declaration, contractor document and other required documents to the Secretary, in the approved way, in the following circumstances— > > > > > (a) before an application is made for an occupation certificate for a building to which the building work relates, > > > > > (b) if the application is refused because of an instance of non-compliance—before a subsequent application for an occupation certificate is made for the applicable part of the building. > > > > Note— > > > > Section 27 of the Act provides that a principal certifier who is responsible for issuing an occupation certificate for building work must consider instances of non-compliance specified in the compliance declarations provided to the certifier when deciding whether to issue the certificate. > > > (2) For the purposes of section 17(6) of the Act, definition of required document, the following documents are prescribed as documents that are required to accompany a building compliance declaration— > > > > > (a) a copy of each variation statement that is required for building work, > > > > > (b) a copy of each regulated design that contains additional details not reflected in the construction issued regulated design required to be provided to the Secretary under clause 16, but only if the additional details do not cause the building work to which the design relates to be varied, > > > > > (c) if a principal design practitioner is appointed for building work—the principal compliance declaration for all regulated designs from a registered principal design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates. > > > > > (d) a copy of the fire safety certificate given to the building practitioner under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 85. > > **cl 18:** Am 2022 (788), Sch 2.