South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 83

83—Certificates of occupancy

        (1)         Pursuant to section 67(1)(a) of the Act, a certificate of occupancy is not required in respect of a Class 1a or 10 building under the Building Code .

        (2)         Pursuant to section 67(3)(b) of the Act, the following documentation is required:

            (a)         a copy of a Statement of Compliance, duly completed in accordance with the requirements of Schedule 19A, that relates to any relevant building work, together with any documentation required under regulation 42(6)(a)(ii); and

            (b)         unless already provided—a copy of any certificate of compliance under regulation 76(3a) (if relevant); and

            (c)         if the development has been approved subject to conditions, such evidence as the council may reasonably require to show that the conditions have been satisfied; and

            (d)         if the application relates to the construction or alteration of part of a building and further building work is envisaged in respect of the remainder of the building, such evidence as the council may reasonably require to show—

                  (i)         in the case of a building more than one storey—that the requirements of Minister's Specification SA 83 have been complied with; or

                  (ii)         in any other case—that the building is suitable for occupation.

        (3)         A council may dispense with the requirement to provide a Statement of Compliance under subregulation (2)(a) if—

            (a)         the council is satisfied that a person required to complete one or both parts of the statement has refused or failed to complete that part and that the person seeking the issuing of the certificate of occupancy has taken reasonable steps to obtain the relevant certification or certifications; and

            (b)         it appears to the council that the relevant building is suitable for occupation.

        (4)         Where—

            (a)         a building is—

                  (i)         to be equipped with a booster assembly for use by a fire authority; or

                  (ii)         to have installed a fire alarm that transmits a signal to a fire station or to a monitoring service approved by the relevant authority; and

            (b)         facilities for fire detection, fire fighting or the control of smoke must be installed in the building pursuant to an approval under the Act,

the council must not grant a certificate of occupancy unless or until it has sought a report from the fire authority as to whether those facilities have been installed and operate satisfactorily.

        (5)         If a report is not received from the fire authority within 15 business days, the council may presume that the fire authority does not desire to make a report.

        (6)         The council must have regard to any report received from a fire authority under subregulation (4) before it issues a certificate of occupancy.

        (8)         Pursuant to section 67(8) of the Act, an application for the issue of a certificate of occupancy should be decided—

            (a)         unless paragraph (b) applies, within five business days from the day on which all documentation required by the council under subregulation (2) is received by the council;

            (b)         if the council must seek a report from a fire authority under subregulation (4)—within 20 business days from the day on which all documentation required by the council under subregulation (2) is received by the council.

        (9)         A certificate of occupancy will be in the form set out in Schedule 19.

        (10)         Pursuant to section 67(13) of the Act, a council may revoke a certificate of occupancy—

            (a)         if—

                  (i)         there is a change in the use of the building; or

                  (ii)         the classification of the building changes; or

                  (iii)         building work involving an alteration or extension to the building that will increase the floor area of the building by more than 300 square metres is about to commence, or is being or has been carried out; or

                  (iv)         the building is about to undergo, or is undergoing or has undergone, major refurbishment,

and the council considers that in the circumstances the certificate should be revoked and a new certificate sought; or

            (b)         if the Council considers that the building is no longer suitable for occupation because of building work undertaken, or being undertaken, on the building, or because of some other circumstance; or

            (c)         if a schedule of essential safety provisions has been issued in relation to the building and the owner of the building has failed to comply with the requirements of regulation 76(5); or

            (d)         if the council considers—

                  (i)         that a condition attached to a relevant development authorisation has not been met, or has been contravened, and that, in the circumstances, the certificate should be revoked; or

                  (ii)         that a condition attached to the certificate of occupancy has not been met, or has been contravened, or is no longer appropriate.

        (12)         Subject to subregulation (13), a reference in this regulation to a council will be taken to include a reference to a private certifier acting pursuant to section 68A of the Act.

        (13)         Subregulations (3) and (10) only apply to councils.