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ARTICLE · 16 DECEMBER 2019

NSW Building Subdivision and Certification: Changes have begun

An overview of these changes and what they may mean for building certification and development processes is provided.

AustraliaReal Estate and Construction

On 1 December 2019, updated building and certification provisions under Part 6 of the Environmental Planning and Assessment Act 1979 (Act) came into effect. The operational requirements have also come into effect through the Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (Regulation). An overview of these changes and what they may mean for building certification and development processes is provided below.

Removal of interim occupation certificates

References to 'interim' and 'final' occupation certificates no longer exist under the new Part 6 requirements of the EP&A Act. Instead, only a single occupation certificate can be obtained for either a whole, or part of, a building. Under section 6.10 of the Act, for an occupation certificate to be issued, all of the preconditions of the development consent must be complied with. If an occupation certificate is only required for part of a building, the new

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