A Certificate of Occupancy will be required for all new houses or additions to houses (Class 1a buildings) where an application for building consent is verified in the PlanSA e-planning system on or after 1 October 2024.
This change brings South Australia in line with other jurisdictions and will assist in improving building safety and confidence in the building industry in South Australia.
The department has developed the following documentation for implementing Certificates of Occupancy for Class 1a buildings, to be used from 1 October 2024:
- revised Statement of Compliance
- new Chief Executive’s Requirements
- revised Certificate of Occupancy.
These documents were developed with feedback from councils, industry and other stakeholders.
Details of information sessions to assist in the transition to the new requirements for a Certificate of Occupancy for Class 1a buildings are listed on the events page.
Regular updates will be provided in the lead up to 1 October 2024 and early 2025 through the Planning Ahead and Building Standard newsletters. Subscribe to be notified for the latest updates and information.
If you have any questions about the new Certificate of Occupancy requirements for Class 1a buildings or availability of upcoming information sessions, please contact PlanSA@sa.gov.au or phone 1800 752 664.
Documentation
Before a Certificate of Occupancy can be issued the Statement of Compliance must be signed. This is a legal document under section 146(2) of the Planning, Development and Infrastructure Act 2016 (the Act), provided to the council and/or building certifier at the end of the construction process and must be signed by:
- a licensed building work contractor responsible for carrying out the work, a registered building work supervisor, or a building certifier, after they have completed all contracted work
- the owner or by someone acting on his or her behalf, after they have checked that all contracted work had been completed.
There may be multiple Statement of Compliance forms completed where different parties are responsible for parts of the process, i.e. installer of a fire system.
The Statement of Compliance lets everyone know that the house has been built to meet the approved plans and the relevant building consent. A builder may nominate work that may need to be completed by the homeowner that may need to be completed before the house is suitable to be lived in.
It is important not to sign the Statement of Compliance until the required work is completed to the required standard. If there is a dispute you may need to seek additional advice from your Council or legal representation to understand your rights and responsibilities.
Once the Statement of Compliance is complete and outstanding items have been completed (such as the installation of smoke alarms and bushfire tanks) an application can be submitted for a Certificate of Occupancy.
The Chief Executive’s Statement of Building Occupancy Requirements for Class 1a buildings outlines the mandatory requirements that must be met before a Certificate of Occupancy can be issued. These requirements include:
- that the Statement of Compliance has been appropriately completed (signed by appropriate parties and all aspects completed)
- any concerns identified through council inspections during construction have been resolved
- where the Statement of Compliance indicates smoke alarms and bushfire protection requirements are ‘To be completed by owner’, the owner provides a statutory declaration and/or other evidence to the satisfaction of the relevant authority to confirm those works have been completed.
Smoke alarms must be installed prior to issuing a Certificate of Occupancy in all circumstances, but bushfire protection requirements are only mandated where the building is in the Hazards (Bushfire – High Risk) Overlay of the Code.
This is part of the ‘two-pronged’ test set out in section 152 of the Planning, Development and Infrastructure Act 2016, which requires a relevant authority to be satisfied the building is suitable for occupation in addition to the building satisfying the Chief Executive’s requirements.
The amended Certificate of Occupancy form separates the requirements for all building classes (including Class 1a buildings) and the requirements for only Class 1b and Class 2-9 buildings.
The requirements for all building classes replicate the Chief Executive’s requirements, providing a checklist of matters the relevant authority needs to confirm are met before issuing the Certificate of Occupancy.
The form includes a mandatory condition for Class 1a buildings, which requires items identified as ‘To be completed by owner’ in Part A clause 1 of the Statement of Compliance to be completed within 6 months.
This gives relevant authorities the flexibility to issue a Certificate of Occupancy in circumstances where they are satisfied a dwelling is suitable for occupation but for the completion of certain aspects identified on the Statement of Compliance.
