News & Resources

NSW Legislation Update: Planning Legislation Amendment Bill 2019

This amendment clarifies the ability for Occupation Certificate to be issued for part of a building and for part of a partially completed building. This change is needed as the ability to issue ‘interim occupation certificates’ was removed from the planning act as part of the major review and restructure of the Act.

[7]    Section 6.4 Kinds of certificates under this Part
Omit “new” from section 6.4 (c) (i).

[8]    Section 6.4 (c) (i)
Insert after the subparagraph:

Note. The definition of building in section 1.4 (1) includes part of a building and a structure. An occupation certificate can therefore authorise the occupation and use of part of a building. It can also authorise the occupation and use of part of a partially completed building because a partially completed building is a structure.

The Regulations relating to this amendment have not yet been released, and as such, the details of any new or additional requirements for the implementation of this amended legislation are yet to be advised.

For further information:  Link