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. > > > > Maximum penalty (subsection (6))— > > > > > (a) for a corporation—150 penalty units, or > > > > > (b) for an individual—75 penalty units. > > **s 37:** Am 2023 (512), Sch 2\[1\]; 2023 (547), Sch 2\[1\]\[2\].