37Application for occupation certificate

37 Application for occupation certificate

37 Application for occupation certificate

(1) An application for an occupation certificate must—

(a) be in the approved form, and

(b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and

(c) be lodged on the NSW planning portal.

(2) An application for an occupation certificate must be accompanied by a copy of the following documents that are relevant—

(a) a development consent,

(b) a construction certificate,

(c) a fire safety certificate,

(d) a compliance certificate.

(3) An application that relates to development with an estimated development cost of $10 million or more, as specified in the development application, must also be accompanied by a copy of the following documents—

(a) if the certifier determining the application is a registered certifier—a document from the relevant council certifying that a monetary contribution or levy under the Act, section 7.11 or 7.12—

(i) is not required to be paid before an occupation certificate is issued, or

(ii) is required and has been paid,

(b) if the building resulting from the development is on land in a special contributions area—a document from the Planning Secretary certifying that a development contribution under the Act, former section 7.24—

(i) is not required to be made before an occupation certificate is issued, or

(ii) is required and has been made.

(4) An application that relates to a development consent that was granted with a condition requiring a commitment listed in a BASIX certificate to be fulfilled must also be accompanied by a copy of each relevant BASIX certificate.

(5) An application for an occupation certificate may only be made by a person who is eligible to appoint a principal certifier for the development.

(6) The principal certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.