Occupancy Permit

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What is the Primary Purpose of an Occupancy Permit?

The primary purpose of an Occupancy Permit is to confirm that a building is safe, healthy, and compliant with the Building Code of Australia (BCA) and other relevant regulations. It ensures that fire safety measures, sanitation, structural integrity, and essential services (like ventilation, plumbing, and lighting) meet the required standards before people can live or work in the building.

An Occupancy Permit plays a crucial role for property owners and developers by ensuring:


  1. Legal Requirement: Occupying or using a building without an Occupancy Permit where one is required is illegal.
  2. Safety and Compliance: It ensures that the building is compliant with building regulations and standards, protecting occupants' safety.
  3. Property Value and Insurance: A valid Occupancy Permit is often necessary for finalizing property sales and securing building insurance. If a building is occupied without the permit, insurance claims can be denied in case of incidents.
  4. Project Completion: It marks the formal completion of the construction or renovation process, signaling that the building can be legally occupied.

When is an Occupancy Permit needed?

An Occupancy Permit is typically needed for the following situations:


  • New builds: For new residential, commercial, or industrial buildings before they can be occupied.
  • Major renovations: If substantial changes have been made to the structure or safety features of an existing building, an Occupancy Permit may be required for re-occupation.
  • Change of building use: If a building's use changes (e.g., from a warehouse to an office), a new Occupancy Permit may be necessary to confirm compliance with new use requirements.

What is Required for a Certificate of Occupancy in Victoria?

To obtain an Occupancy Permit in Victoria, property owners or developers must meet specific legal and regulatory requirements to ensure a building is safe and compliant for use.


Key Documents and Inspections:

  • Building Permit: Issued by the relevant building surveyor, it outlines the construction requirements.
  • Final Inspection Report: Conducted by the building surveyor or registered building inspector, confirming compliance with the approved plans and safety standards.
  • Compliance Certificates: For trades and services (e.g., electrical, plumbing, fire safety systems, waterproofing etc).
  • Energy Efficiency Compliance: Documentation showing the building meets energy standards.


Key Authorities and Regulations:

  • Governed by the Building Act 1993 and Building Regulations 2018.
  • Relevant Building Surveyor (RBS): Oversees the process, conducts inspections, and issues the Occupancy Permit.


Residential vs. Commercial Properties:

  • Residential Properties: Focus on structural safety, fire safety, sanitation, occupant safety, energy efficiency and ventilation.
  • Commercial Properties: Must also ensure safe emergency exits, accessibility, and more extensive fire and safety systems.


An Occupancy Permit is mandatory for both residential and commercial buildings to legally occupy them.

What documents, inspections, and approvals are mandatory?

  • Building Permit Compliance
  • Ensure all work complies with the issued Building Permit.
  • Update any design changes with the Relevant Building Surveyor (RBS).
  • Final Inspections
  • Schedule a final inspection with the RBS to verify compliance with safety and building standards.
  • Required Documents
  • Application for Occupancy Permit (Form 15).
  • Compliance Certificates (plumbing, electrical, fire safety etc).
  • Energy Efficiency Compliance.
  • As-Built Plans (if applicable).
  • Essential Services (for larger commercial buildings)
  • Ensure fire systems, exits, and emergency services are installed and operational.

Common mistakes or missing documents that often delay the process

Property owners and developers often encounter issues such as missing compliance certificates, which are required to verify that specific components meet regulatory standards. Another common oversight is the failure to update as-built plans to reflect changes made during construction. Additionally, unresolved issues from prior inspections can delay the approval process, preventing the issuance of the final Occupancy Permit.

Role of Code HQ in Assisting with the Application

CODE HQ assists applicants by:


  1. Guiding the Application: Providing clear steps and ensuring compliance with legal requirements.
  2. Conducting Inspections: Completing all necessary inspections, including the final one, to confirm building compliance.
  3. Document Review: Checking essential documents (compliance certificates, updated plans) to avoid delays.
  4. Expert Advice: Offering solutions to meet compliance quickly and efficiently.

Our Process

  1. Consultation: Discuss project details and requirements.
  2. Document Review: Review plans, certificates, and reports for compliance.
  3. Inspections: Conduct final inspections to ensure standards are met.
  4. Ongoing Communication: Regular updates and feedback throughout the process.
  5. Issue Resolution: Advise on any compliance issues and rectifications.
  6. Final Submission: Submit the application and secure the Occupancy Permit.
  7. Post-Permit Support: Available for follow-up assistance as needed.
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FAQs

How long does it take to get a certificate of occupancy in Victoria?

After the final inspection takes place, the Occupancy Permit can be issued as quickly as 24-48 hours. This is obviously dependent on all relevant information and certificates being provided to the RBS.

How much does it cost to get a certificate of occupancy in Victoria?

The Occupancy Permit is included in the Building Permit fee.

Can you move into a house without a certificate of occupancy in Victoria?

No, you cannot legally move into or occupy a house in Victoria without an Occupancy Permit if one is required. Under Victorian law, it is illegal to occupy a building without this permit for certain types of buildings, including new builds and major renovations. The permit ensures that the building meets all safety and compliance standards as outlined in the Building Act 1993 and Building Regulations 2018.


Occupying a building without an Occupancy Permit can lead to fines, legal issues, and potential safety risks.

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