A person must not occupy a building on which building work has been carried out unless a certificate of occupancy has been issued or the building is a type excluded by the regulations [Planning, Development and Infrastructure Act 2016 (SA) s 152].

The certificate will be granted by either a building certifier who approved the building plans or the local council if satisfied that the building complies with all requirements and is suitable for occupation. If a certificate is refused, the applicant has 28 days to lodge an appeal to the Environment, Resources and Development Court, unless the Court allows an extension of time.

A person may, with the approval of a council, occupy a building on a temporary basis without a certificate of occupancy [s 153(1)].

The Certificate of Occupancy will be issued electronically via the PlanSA portal. The certificate may be issued by either the building certifier who approved the building plans or the local council. This will be nominated on the Decision Notification Form at development approval stage.

A Certificate of Occupancy is required for building classes 1 – 9, including Class 1a buildings, as categorised under the Building Code of Australia which forms part of the National Construction Code. A Certificate of Occupancy is not required for a Class 10 building, being a non-habitable building or structure such as a shed or carport [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 103].

Information about the Building Code of Australia is available on the PlanSA website.