A person must not occupy a building on which building work has been carried out unless a certificate of occupancy has been issued or the building is a type excluded by the regulations [Planning, Development and Infrastructure Act 2016 (SA) s 152]. The certificate will be granted by either a building certifier who approved the building plans or the local council if satisfied that the building complies with all requirements and is suitable for occupation. If a certificate is refused, the applicant has twenty eight days to lodge an appeal to the Environment, Resources and Development Court.

A person may, with the approval of a council, occupy a building on a temporary basis without a certificate of occupancy [s153(1)].

The Certificate of Occupancy will be issued electronically via the PlanSA portal.The certificate may be issued by either the building certifier who approved the building plans or the local council. This will be nominated on the Decision Notification Form at development approval stage.

The requirement of a Certificate of Occupancy now extends to Class 1a buildings (houses) as categorised under the Building Code of Australia. Class 1a buildings include single detached or semi-detached houses, or one of an attached row of houses (i.e. a townhouse or terrace). The requirement to have a Certificate of Occupancy is a key change under the new system which owners, councils, certifiers and builders should be aware of [Planning, Development and Infrastructure (General) Regulations 2017 (SA) r 103].

Class 1a developments that received building consent under the previous Development Act 1993 but are completed on or after the 19 March 2021 do not require a Certificate of Occupancy. All other classes of habitable buildings (Class 1b-9 under the Building Code of Australia) remain subject to the requirements of the Planning, Development and Infrastructure Act 2016 (SA). A Certificate of Occupancy is not required for a Class 10 building under the Building Code of Australia (such as sheds, carports or verandahs).