Home Property Australia Building Amendment Occupancy Certification Act 2016

Building Amendment Occupancy Certification Act 2016

  • May 19, 2016

Building Amendment (Occupancy Certification) Act 2016

The Northern Territory Government has made changes to the Building Act from 1 May 2016 to ensure safer homes and businesses for Territorians.

Two new pathways to occupancy certification have been introduced in addition to the existing occupancy permit

Occupancy certification ensures that a building meets health and safety requirements and can be lived or worked in.

The three different levels of occupancy certification allow for differing levels of compliance with the Building Act and Regulations.

This will make it easier to manage buildings with minor amendments to the building plan, older buildings and multiple buildings on a single building permit.

The three levels of occupancy certification are:

Occupancy Permit – the highest category of occupancy certification and is identical to that which currently exists. An Occupancy Permit will continue to be issued by a building certifier where the construction and certification processes have been complied with in full.

Certificate of Substantial Compliance – This is a new category of occupancy certification and may be issued where building works occur under a valid Building Permit and meet the relevant technical standards at the time, but variations to the approved plans, or missing documentation and inspections.

Certificate of Existence – This is a new category of occupancy certification and may be issued for building works that were completed before commencement of the Bill, when any of the following circumstances apply:

  • the works were unapproved
  • a Building Permit was in force for the works but they were completed with less than substantial compliance with the Building Permit or other legislative requirements
  • Or a Building Permit was in force but the works did not meet the relevant technical standards.

https://nt.gov.au/property/building-and-development/about-occupancy-certification