New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 109C

109C Part 4A certificates

(1) The following certificates (known collectively as "Part 4A certificates") may be issued for the purposes of this Part:

(a) a "compliance certificate", being a certificate to the effect that:

(i) specified building work or subdivision work has been completed as specified in the certificate and complies with specified plans and specifications, or

(ii) a condition with respect to specified building work or subdivision work (being a condition attached to a development consent or complying development certificate) has been duly complied with, or

(iii) a specified building or proposed building has a specified classification identified in accordance with the Building Code of Australia , or

(iv) any specified aspect of development complies with the requirements of any other provisions prescribed by the regulations, or

(v) any specified aspect of development (including design of development) complies with standards or requirements specified in the certificate with respect to the development,

(b) a "construction certificate", being a certificate to the effect that work completed in accordance with specified plans and specifications will comply with the requirements of the regulations referred to in section 81A (5),

(c) an "occupation certificate", being a certificate that authorises:

(i) the occupation and use of a new building, or

(ii) a change of building use for an existing building,

(d) a "subdivision certificate", being a certificate that authorises the registration of a plan of subdivision under Division 3 of Part 23 of the Conveyancing Act 1919 .

(1A) A single compliance certificate may deal with any number of matters, whether of the same or of a different kind.

(2) An occupation certificate:

(a) may be an interim certificate or a final certificate, and

(b) may be issued for the whole or any part of a building.

(3) If the regulations so provide, a construction certificate may be issued subject to conditions.

(4) In this section:
"new building" includes an altered portion of, or an extension to, an existing building.

Note:

(1) Sections 109M and 109N prohibit the occupation or use of a new building, and the change of building use for an existing building, unless an occupation certificate has been issued for the building.

(2) A plan of subdivision (whether or not the subdivision requires development consent) is not in registrable form for the purposes of the Conveyancing Act 1919 unless it is endorsed with a subdivision certificate issued under this Division. Plans prepared for the purposes of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 are not plans of subdivision within the meaning of section 195 of the Conveyancing Act 1919 and are therefore not subject to this Division. The regulations under the Conveyancing Act 1919 provide for the manner and form in which a plan of subdivision is to be endorsed for the purpose of enabling the plan to be registered under that Act.