KEY TAKEAWAYS:
- An Occupation Certificate (OC) is legally required. You cannot legally live in or use a newly built or significantly renovated property in NSW without a valid OC
- The OC shows that the construction meets all approved plans, building codes and safety standards, giving you peace of mind
- When purchasing a new build, your conveyancer will ensure that the vendor provides a valid OC as part of the purchase process
What is an Occupation Certificate (OC) in NSW Guide for Home Buyers
If you’re in the market to buy a newly built or recently renovated home in New South Wales (NSW), you may have heard the term Occupation Certificate (or OC) being thrown around. But what is it, and why is it important for home buyers?
In this post, we’ll break down what an Occupation Certificate is, why you need to care about it, and what to check before signing the dotted line.
What is an Occupation Certificate?
An Occupation Certificate (OC) is a legal document issued by a certifier (either a private certifier or the local council) that allows a building to be occupied and used. It confirms that the building:
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Has been completed in line with its approved development consent or complying development certificate.
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Meets Building Code of Australia (BCA) standards.
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Is safe and suitable for occupation.
In short, it’s the final tick of approval that says: “This building is fit to live in.”
Types of Occupation Certificates
There used to be two types of OCs in NSW: interim and final. However, since 1 December 2019, only one type of Occupation Certificate is issued – the final Occupation Certificate.
This simplifies the process and ensures there’s one clear document confirming a building is ready for occupation.
Why Is the Occupation Certificate Important for Home Buyers?
Whether you’re buying a newly built home, a dual occupancy, or a unit in a new development, the OC is crucial. Here’s why:
- Legal Requirement: You cannot legally occupy or live in a new building without a valid OC. If you’re buying a brand-new or substantially renovated property, the seller must provide this certificate.
- Proof of Compliance: The OC proves that the construction complies with building and safety standards. It protects you from buying a property with incomplete or non-compliant work.
- Essential for Financing & Insurance: Banks and insurance companies often require an OC before they’ll finalise loans or provide home insurance for a newly built property.
- Peace of Mind: It gives you peace of mind that the home you’re moving into has passed all required inspections and is safe to live in.
What Should Buyers Check?
Before buying, make sure to:
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Obtain a copy of the Occupation Certificate.
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Check the address and description matches the property.
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Confirm the issue date – it must be dated after construction is completed.
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Your conveyancer will verify its validity during the legal review process.
Warning Signs to Watch Out For
Be cautious if:
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The property doesn’t have an OC – it may be illegal to occupy.
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The seller promises to “get it sorted” after settlement – this can lead to legal and financial issues.
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The property has unapproved structures or additions.
If in doubt, seek legal and possibly further building advice.
Final Thoughts
An Occupation Certificate isn’t just a piece of paperwork — it’s a key legal safeguard for home buyers in NSW. It confirms your new home is safe, compliant, and ready for you to move in.
So before you fall in love with that shiny new home, make sure it has the paperwork to match.
📞 Get in touch with Coutts today to ensure your next move is informed, compliant, and future-ready.
ABOUT KAY VITOGIANNIS:
Kay joined the Coutts team in May 2021 working as a Licensed Conveyancer within our Property & Conveyancing team, based in our Narellan office.
Kay has over 20 years of experience in the Legal industry. She began her journey in CBD Conveyancing firms as a secretary and attained her Advanced Diploma in Conveyancing in December 2010.
For further information please don’t hesitate to contact:
Kay Vitogiannis
Licensed Conveyancer
info@couttslegal.com.au
1300 268 887
This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.
