31Application for, and grant of, certificate of approval

### 31 Application for, and grant of, certificate of approval > > (1)  Before a proposal for which a council's certificate of approval is required is registered or otherwise carried into effect, the applicant must apply to the council for the area in which the site (or proposed site) is situated for a certificate of approval. > > > (2)  The application must be accompanied by – > > > > > > (a) any sketches, plans or models necessary for a proper understanding of the proposal; and > > > > > > > (b) any prescribed documents; and > > > > > > > (ba) [*\[Section 31 Subsection (2) amended by No. 31 of 2020, s. 22, Applied:30 Nov 2020\]*](/view/html/inforce/2020-11-30/act-2020-031#GS22@Hpa@EN) evidence, satisfactory to the council, that is sufficient to enable the council to be satisfied as to the matters specified in [subsection (3)](#GS31@Gs3@EN) in relation to the application; and > > > > > > > (c) the prescribed fee. > > > (2A)  [*\[Section 31 Subsection (2A) inserted by No. 31 of 2020, s. 22, Applied:30 Nov 2020\]*](/view/html/inforce/2020-11-30/act-2020-031#GS22@Hpb@EN) The council must, within 30 business days after the day on which it receives the application, issue, or refuse to issue, a certificate of approval in relation to the application. > > > (2B)  [*\[Section 31 Subsection (2B) inserted by No. 31 of 2020, s. 22, Applied:30 Nov 2020\]*](/view/html/inforce/2020-11-30/act-2020-031#GS22@Hpb@EN) The council may – > > > > > > (a) within 15 business days after the day on which it receives the application, give to the applicant notice in writing specifying that the council requires further information in order to determine the application; and > > > > > > > (b) within 8 business days after the day on which it receives further information requested under [paragraph (a)](#GS31@Gs2B@Hpa@EN) or [subparagraph (ii)](#GS31@Gs2B@Hpb@Hqii@EN)  – > > > > > > > > > > (i) decide that the information is satisfactory; or > > > > > > > > > > > (ii) give to the applicant notice in writing specifying that the information is not satisfactory and require the applicant to provide further information necessary to satisfy the council. > > > (2C)  [*\[Section 31 Subsection (2C) inserted by No. 31 of 2020, s. 22, Applied:30 Nov 2020\]*](/view/html/inforce/2020-11-30/act-2020-031#GS22@Hpb@EN) The period of 30 business days referred to in [subsection (2A)](#GS31@Gs2A@EN) does not run in relation to an application during the period beginning on the day on which a notice is given by the council under [subsection (2B)](#GS31@Gs2B@EN) in relation to the application and ending on the day on which the council receives from the person who made the application information that it decides is satisfactory. > > > (3)  Before issuing a certificate of approval, the council must satisfy itself – > > > > > > (a) that any requirements of a planning scheme under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) have been complied with; and > > > > > > > (b) [*\[Section 31 Subsection (3) amended by No. 10 of 2000, s. 24, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS24@Hpa@EN) [*\[Section 31 Subsection (3) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004\]*](/view/html/inforce/2004-07-01/act-2003-026#JS1@Ja13@GC1@Hpa@EN) [*\[Section 31 Subsection (3) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-012#JS1@Ja23@GC1@Hpa@EN) if the proposal involves building work, that certificates for the relevant buildings have been issued under the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-999) ; and > > > > > > > (c) [*\[Section 31 Subsection (3) amended by No. 10 of 2000, s. 24, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS24@Hpb@EN) [*\[Section 31 Subsection (3) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004\]*](/view/html/inforce/2004-07-01/act-2003-026#JS1@Ja13@GC1@Hpb@EN) [*\[Section 31 Subsection (3) amended by No. 33 of 2006, s. 15, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-033#GS15@Hpa@EN) [*\[Section 31 Subsection (3) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-012#JS1@Ja23@GC1@Hpb@EN) if the proposal relates to an existing building for which a change of use is proposed, that all requirements under the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-999) for a change of use have been complied with and that there has been substantial compliance with all other requirements under that Act relating to the scheme and to any buildings existing at the date of the application and in particular with – > > > > > > > > > > (i) any safety requirements, including provision for fire exits; and > > > > > > > > > > > (ii) requirements for sanitary facilities; and > > > > > > > (d) [*\[Section 31 Subsection (3) amended by No. 10 of 2000, s. 24, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS24@Hpb@EN) if the proposal relates to a lot without a building, that the proposal is capable of being carried into effect. > > > (4)  If the council refuses an application for a certificate of approval, the council must return any sketches, plans and models submitted by the applicant. > > > (5)  [*\[Section 31 Subsection (5) inserted by No. 33 of 2006, s. 15, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-033#GS15@Hpb@EN) Where a permit for use or development is required, under the relevant planning scheme approved under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , for the proposed use of the lots, a certificate of approval may be issued only if – > > > > > > (a) the required permit has been issued; and > > > > > > > (b) any separation of buildings would not contravene that planning scheme. > > > (6)  [*\[Section 31 Subsection (6) inserted by No. 33 of 2006, s. 15, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-033#GS15@Hpb@EN) A council must refuse an application for a certificate of approval if the council reasonably considers that the proposal is for a subdivision within the meaning of [Part 3 of the](/view/html/inforce/2026-04-12/act-1993-096#HP3@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .