Regulation Changes

On 16 December 2021, the Planning Development and Infrastructure (General) (Miscellaneous) Variation Regulations 2021 and the Planning Development and Infrastructure (Transitional Provisions) (Major Development) Variation Regulations 2021 came into effect.

The most significant change in the Regulations relates to Certificate of Occupancy requirements, namely that from 16 December 2021 until 30 June 2022 a Certificate of Occupancy is not required for new houses or additions (known as Class 1a buildings) that are completed during this period.

In South Australia a Certificate of Occupancy is normally required for all new buildings (and building work where applicable) approved and built under PDI Act, excluding structures such as sheds, carports, verandahs and the like.

This six month suspension of the Certificate of Occupancy requirement has been put in place to help alleviate pressure on the construction industry due to the high number of homes being completed as a result of the HomeBuilder Scheme.

While a Certificate of Occupancy is not required for new houses during this period, key health and safety requirements will still apply as set out in the amended Regulations. From 1 July 2022, the requirement for Certificates of Occupancy for new houses or additions will be re-instated.

In addition, a range of minor technical changes and clarifications to the Planning, Development and Infrastructure (General) Regulations 2017 (the Regulations) have also been implemented, and are summarised in the Regulation Changes Fact Sheet (PDF, 244 KB).

These Regulation changes have now been implemented in the PlanSA system and apply to all current development applications.

Further information on the Certificate of Occupancy is available including FAQs and an updated Building Advisory Notice.