Interim Occupational Certificates are issued under the Environmental Planning and Assessment Act 1979 (“EP&A Act”) to authorise occupation and use of partially completed buildings or alterations. References to Interim Occupational Certificates are often included in development consent conditions and building contracts.
Following changes to the EP&A Act, interim occupational certificates will no longer be available for partially completed works from 1 September 2018. This may have significant consequences for compliance with development consent conditions and contracts, especially for developers who often use interim occupational certificates to secure funding.
We suggest that you review any conditions or contract clauses relating to interim occupation certificates, consider how these changes may impact you and if required make the appropriate amendments.