An occupancy permit must be obtained from the City before a Class 2 to 9 building can be occupied. It covers circumstances such as:

• occupying a completed new building or a new part of an existing building (s. 46);
• occupying an incomplete building or part of a building on a temporary basis (s. 47);
• modifying the current occupancy permit for additional use of a building on a temporary basis (s. 48);
• occupying a building or part of a building that has undergone a permanent change of use or classification (s. 49);
• authorising and occupying an unauthorised building or an unauthorised part of a building (s. 51); and
• authorising a building with existing approval with a new or replacement occupancy permit (s. 52) –  this demonstrates that an existing building complies with the relevant building standards and is safe to occupy.

Occupancy permits applied for under sections 46 & 47, must be accompanied by a BA17 – Certificate of Construction Compliance (CCC) and must include all the certification and technical documents as listed under section 3 of the certificate. The CCC must be issued by a registered Building Surveyor Contractor (private sector).

Occupancy permits applied for under sections 48, 49, 51 & 52 must be accompanied by a BA18 – Certificate of Building Compliance (CBC), and must include all the certification and technical documents as listed under section 3 of the certificate. The CBC must be issued by a registered Building Surveyor Contractor (private sector).

A copy of the occupancy permit must be displayed at (or near) the principal entrance to the building in accordance with s.42 Building Act 2011, and must be clearly visible to occupiers and other people using the building.

In certain circumstances, the Building Regulations 2012 – r.15A(2), requires the Permit Authority (the City) to give a copy of the Occupancy Permit to the Department of Fire and Emergency Services (DFES).

Please see the Building Commission website to obtain an application for occupancy permit (BA9).