About occupancy certification

Introduction

You need approval to build or renovate in most of the Northern Territory (NT). You also need approval to occupy buildings (occupancy certification).

This section has information on how to gain approval to occupy renovated and new buildings in building control areas of the NT and covers all of the following:

  • the pathways to occupancy certification
  • certification in tier 2 building control areas
  • certification of old building work 
  • mixed classes of buildings and multiple buildings on a single building permit.

What is occupancy certification

Occupancy certification provides a statement that building work has achieved a particular level of safety, health and amenity and is suitable to occupy.

Pathways to occupancy certification

Following amendments to the NT Building Act and Regulations, two new pathways to occupancy certification have been introduced, in addition to the existing occupancy permit.

For any level of occupancy certification to be granted, the building work must meet the requirements of reporting or consent authorities under other legislation, for example, development consent under the Planning Act, the Heritage Act or Disability Access Standards.

The three pathways to gain occupancy certification are:

Occupancy permit 

An occupancy permit can be issued by a building certifier where the construction and certification process have been complied with in full.

This level of certification remains the highest level.

Certificate of substantial compliance 

The certificate of substantial compliance is a new level of certification that commenced on 1 May 2016 and can be issued by a building certifier where building works occur under a valid building permit and meet the relevant technical standards, but minor variations to the approved plans or the certification process has occurred.

Certificate of existence

The certificate of existence is a new category of certification that can only be issued by the Director of Building Control on the recommendation of a building certifier.

This level of certification can only be issued for building works that were completed before 1 May 2016 where the works can be shown to meet a reasonable level of safety, health and amenity sufficient for occupancy, and other applicable technical standards.

Ongoing building safety

Even if occupancy certification is granted, if over time the building or building work becomes unsafe the owner can be required to repair, upgrade or remove the work to make it safe.

Fact sheet

You can download a fact sheet about occupancy certification in the following languages:

Read more about occupancy certification system post  moratorium reforms PDF (1.1 MB).

Guidelines

If you need more information about the three different levels of occupancy certification in the Northern Territory building certification system, guidelines are available for building certifiers, other building practitioners, owners and owners’ agents.

Occupancy certification guidelines PDF (269.0 KB) 

Contact

You can get more information by either:


Occupancy permit

An occupancy permit is the highest level of occupancy certification.

An occupancy permit shows the work covered by the permit was constructed to fully comply with all of the following:

  • the requirements of the building permit
  • the Building Act and Regulations
  • the technical standards and codes that applied at the time of the building permit.

This level of occupancy certification can be granted by a building certifier for any class of building.

An occupancy permit can be granted by a building certifier against an expired building permit, but only for works that were carried out while the building permit was valid.

How to apply

Go to building and renovating: permit and processes for information on how to apply for an occupancy permit.


Certificate of substantial compliance

A certificate of substantial compliance shows the building work covered by the certificate:

  • was constructed under a valid building permit 
  • meets the technical standards and codes that applied at the time the building permit was granted
  • has minor departures from the legislated construction and certification processes.

This category of certification cannot be granted where there is any non-compliance with the technical standards and codes that applied at the time the building permit was granted.

This level of certification can be granted by a building certifier for any class of building.

A certificate of substantial compliance can be granted by a building certifier against an expired building permit, but only for works that were carried out while the building permit was valid.

What are minor departures

Minor departures may include works not constructed precisely in accordance with approved plans, missing required inspections or missing documentation. Missing documentation may include for example, a glazing certificate or plumbing certificate.  

Read the Occupancy Certification Guidelines for more information about minor departures.

How to apply

Go to building and renovating: permit and processes to find out how to apply for a certificate of substantial compliance.

Further information

You can obtain more detailed information on the certificate of substantial compliance in the Occupancy Certification Guidelines.


Certificate of existence

A certificate of existence shows the building work meets a minimum level of safety, health and amenity and is suitable to be occupied.

Building work granted with a certificate of existence must meet current wind and fire codes.

Except for wind and fire codes, a certificate of existence does not show that the building work meets the technical standards and codes that apply at the time it is issued.

Even though a building with a certificate of existence must meet current wind codes, no building is cyclone proof and in the event of a cyclone the occupier of the property should make the same considerations and decisions as occupiers of properties with other levels of occupancy certification.

Read more about cyclones.

When a certificate of existence can't be granted

A certificate of existence cannot be granted for:

  • buildings classified by the National Construction Code as ‘Importance Levels 3 and 4’, for example, hospitals, schools, emergency shelters, buildings that accommodate a large number of people, and other high risk buildings and essential facilities or
  • building works associated with fire safety systems.

These types of buildings and building works must comply with the requirements for an occupancy permit or a certificate of substantial compliance.

When a certificate of existence can be granted

A certificate of existence may be granted by the Director of Building Control, on the recommendation of a building certifier, only for building works that were completed before 1 May 2016.

One or more of the following circumstances must apply:

  • the works are unapproved because they were never granted a building permit
  • the works are unapproved because they were completed after the building permit had expired
  • 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
  • a building permit was in force but the constructed works did not meet the relevant technical standards
  • the building was constructed at a time when a building permit or occupancy certification was not required and the owner of the building wants an occupancy certification assessment.

To be eligible for a certificate of existence, the building work must meet a reasonable level of safety, health and amenity and must be suitable to occupy and comply with relevant technical standards.

All other relevant legislation and requirements must be met, for example, planning permits.

How to apply for a certificate of existence

To apply for a certificate of existence you must engage an NT registered building certifier. Read more about  engaging a registered building certifier.

Ask your building certifier for an application for certificate of existence form and submit the completed form to them.

You will also need to give the building certifier other information and paperwork about the building work.

Each case will be different and you should speak to your building certifier to check exactly what information they need.

The building certifier will need to visit the site to do at least one inspection of the work and may need other specialists to also inspect the work or provide reports.

In some cases rectification or repair work might be needed to bring the building up to an acceptable minimum level of safety, health or amenity. Your building certifier will tell you what work is needed.

Technical standards applying to buildings assessed for a certificate of existence

Building work assessed for a certificate of existence must meet current wind and fire codes, not the ones in force when the work was constructed.

The building certifier will carry out a risk assessment to decide which other technical standards should be applied to the work, or parts of the work.

The building work must also meet a reasonable level of safety, health and amenity and be suitable for occupation.

The reasonable level of safety, health and amenity and the technical standards that apply will depend on a number of factors including the following:

  • the class of building or building work and its use
  • whether the work relates to an entire building, a portion of a building or building work that is not a ‘building’ (such as a fence)
  • the location of a building or building work (for example is it within a high wind area)
  • the age of the building or building work
  • the state of repair (the condition) of the building or building work.

How an application for certificate of existence is assessed

Your building certifier will assess the building work and available information about it.

The Occupancy Certification Guidelines will help the building certifier to decide whether the building work is eligible for assessment for a certificate of existence.

When your building certifier is satisfied that the work meets a reasonable level of safety, health and amenity and the building is suitable for occupancy, they can make a recommendation to the Director of Building Control for a certificate of existence.

The Director of Building Control will then decide whether to grant or refuse an application for a certificate of existence.

If you are unhappy with the decision of either your building certifier or the Director of Building Control, go to the Building Appeals Board website to find out how you can appeal the decision.

If the building work can't meet a minimum level of safety, health or amenity

Where a building certifier is not able to determine that a building meets a reasonable level of safety, health and amenity, the building certifier will be required to inform the Director of Building Control who will then decide what action to take in relation to the building work.

The building owner will generally be provided with the opportunity to upgrade the building to meet a minimum standard, or to remove the works.

Read more about reports of unsafe or unapproved work.

Further information

You can obtain more detailed information on the certificate of existence in the occupancy certification guidelines PDF (269.0 KB).


Occupancy certification in Tier 2 building control area

In Tier 2 building control areas the National Construction Code and technical requirements apply to all building work. Read more about building control areas.

To obtain a building permit, you must engage an NT registered building certifier.

You must also meet legal requirements for building contracts, registered building contractors and fidelity fund insurance for your work.

Full certification requirements apply to most building works in Tier 2 building control areas, including commercial premises and large residential developments. 

Part certification requirements apply in Tier 2 areas to prescribed residential building work only. 

Read more about the building certification process and engaging a building certifier.

Part certification for prescribed residential building work

Part certification applies to the following buildings in Tier 2 areas:

  • class 1a buildings such as a single dwelling or detached house, but it does not apply to class 1a(ii) buildings such as attached townhouses or duplexes which need full certification
  • class 10 buildings such as a garage, carport or shed, attached to and built at the same time as a class 1a building
  • retaining walls - whenever built - unattached to a class 1a or class 2 building but on which the integrity of such a building depends.

For part certification, you must still get a building permit before starting construction, but during construction, your building certifier does not need to conduct inspections. 

At completion of work, your building certifier cannot issue an occupancy permit but your builder does need to give you a builder's declaration which you must provide to your building certifier.

Approval to occupy prescribed residential building work in a Tier 2 building control area is satisfied on receipt of the builder's declaration.

Talk to your building certifier to find out if you need any prescribed certification documents for plumbing, glazing, electrical, termite treatment, prefabricated roof trusses, wet area sealing products, prefabricated window and door frames, and fire safety products or installations.

If a builder’s declaration is not available

If you are not able to obtain a builder’s declaration for prescribed residential building work in a Tier 2 area you must contact your building certifier to find out how you can get approval to occupy the building.

Extra assessments or documentation will be required for a certificate of substantial compliance or certificate of existence to be granted for the work.

An occupancy permit is not available for prescribed residential building work in a Tier 2 building control area.


Certification of older building work

This page has information about occupancy certification requirements for owners of building work completed before 1 September 1993.

History of occupancy certification

The history of occupancy certification requirements in the Northern Territory (NT) can be broken up into 3 time periods:

  • since the commencement of the Building Act 1993
  • from 1 June 1984 to the commencement of the Building Act 1993 on 1 September 1993
  • before the commencement of the Building Act 1983 on 1 June 1984.

The Building Act 1993 established the private certification building control system that currently exists in the NT.

Before the commencement of Building Act 1993 on 1 September 1993, building approvals and occupancy permits were granted by the Director of Building Control. There was no private sector participation in the certification of building work under the Building Act 1983.

The introduction of the Building Act 1993 preserved the operation of the 1983 Act, but did not preserve the occupancy certification requirements of any building legislation that was in place before the Building Act 1983.

Before 1 May 2016, only the Director of Building Control was able to finalise occupancy certification for work carried out under the Building Act 1983.

The Building Amendment (Occupancy Certification) Act 2016 enables building certifiers to finalise occupancy certification for work that had been carried out under a building approval granted under the Building Act 1983.

The granting of any occupancy certification, no matter the age of the work, is dependent on demonstrated compliance with the relevant technical standards and legislative requirements.

Building work completed between 1 June 1984 and 1 September 1993

Building certifiers can grant occupancy permits and certificates of substantial compliance for work completed under a building approval under the Building Act 1983.

For a building certifier to grant occupancy certification in relation to a building with a building approval issued between 1 June 1984 and 30 August 1993 all of the following conditions must be met:

  • the building work must have been carried out under a valid building permit
  • the building work must meet the technical standards and codes that applied at the time the building permit was issued
  • the building work at the current time must be in a safe and healthy condition, suitable for occupancy.

If all of the conditions above are not met, the highest level of occupancy certification that would be available, if it met the requirements for that level, is a certificate of existence.

Building work completed before 1 June 1984

Owners with incomplete occupancy certification for work completed before 1 June 1984 are not required to finalise certification as occupancy certification requirements of earlier legislation are no longer relevant.

All building work, however, is subject to the provisions in the current Building Act relating to safety, health and amenity.

From 1 May 2016, occupancy certification is not required for building work completed before 1 June 1984. If an owner wants to finalise certification of building work, they have the opportunity to apply for a certificate of existence.

Certificates of existence can be granted by the Director of Building Control on the recommendation of a building certifier for building work of any age where building approval was required at the time it was built, provided that:

  • the buildings are not classified by the National Construction Code as ‘Importance Levels 3 and 4’ eg. hospitals, schools, emergency shelters, buildings that accommodate a large number of people, and other high risk buildings and essential facilities or
  • the building works are not associated with fire safety systems.

Read more about certificates of existence and building certification forms and resources.


Mixed classes of buildings and multiple buildings on a single permit

Building permits make reference to building classifications defined by the National Construction Code for the type of structure being built. 

These classifications determine the standards and requirements that apply to that type of building.

A single building permit can include more than one building classification and could receive separate occupancy certificates for each building classification.

No dependency between classes of building

If there is more than one class of building included on a building permit, but each of the classes are individual elements and not dependent on each other, occupancy certification can be granted separately for each of the classifications.

This means that each classification of building on a building permit will be assessed for occupancy certification and different levels of certification can be granted for different classes.

For example, a single building permit might include the construction of a house (Class 1a building), a separate garden shed (Class 10a building) and a blockwork boundary fence (Class 10b building).

In this example, it is possible for up to three separate occupancy certifications could be granted.

The occupancy certification granted for each class of building will depend on the level of compliance with certification processes and the approved plans.

Using the example above, it might be possible for the house and garden shed to have complied fully with technical and legislative requirements and be granted an occupancy permit.  However the blockwork fence may not have had all the required inspections carried out during construction, and might only be eligible for a certificate of substantial compliance.

If separate occupancy certifications are issued for work under a single building permit, each certificate will state which classification has been certified. 

This information will also be available on the building file, and will display on administrative interests available from the land titles office. Read more about access to building files.

The separate occupancy certifications could be issued at different times as each element of the building permit is completed.

If all of the work included on a building permit is completed at the same time, and the work is assessed as achieving the same level of occupancy certification, a single occupancy certification including all of the classes may be granted.

Dependency between building classes

If there is more than one building classification included on a building permit, and those classes of building are reliant on each other, it is not possible for separate occupancy certification to be issued.

Where there is a non-compliance with one part of the building work which affects the compliance of other parts of the work, the highest level of occupancy certification available for all reliant parts of the work will be the certification level available to the non-compliant part.

As projects vary, talk to your building certifier about the level of occupancy certification for your project.

Go to the occupancy certification guidelines for more information.