Do I need an Occupancy Permit?

An Occupancy Permit is required in the following circumstances as per the Building Act 2011, section 46, 47, 48, 49, 50, 51,52 and Building Regulations 2012, regulation 4:

• Occupying a new completed building (section 46)
• Occupying an incomplete building or part of a building on a temporary basis (section 47)
• Modifying the current occupancy permit for additional use of a building on a temporary basis (section 48)
• Occupying a building or part of a building that has undergone a permanent change of use or classification (section 49)
• Strata or subdivision of a lot (section 50)
• Occupying an unauthorised building or an unauthorised part of a building (section 51)
• A replacement Occupancy Permit for a building with existing authorisation (section 52)

Existing commercial buildings and tenancies;

• For existing commercial buildings or tenancies there should be an Occupancy Permit on display in prominent location in each commercial tenancy with the correct building use and classification listed.
• Where the tenancy has been occupied prior to 2011, there should be a Certificate of Classification in place.
• If you have recently taken up a lease or are planning to, you should contact the City to find if there is an Occupancy Permit or a Certificate of Classification on file for the tenancy.
• If there is no OP in place for the building or tenancy you should apply to the City via a BA9 Occupancy Permit application once you have obtained a Certificate of Building Compliance from a private building certifier.
• A copy or details of the occupancy permit must be displayed at or near the principal entrance to the building so that it is clearly visible to occupiers and other people using the building.

Strata

If you wish to lodge a strata plan for registration or subdivide a lot in a strata scheme under the Strata Titles Act 1985, an Occupancy Permit is required via a BA9 application.

Change of Classification or Change of Use Occupancy Permits

Proposing to change a building’s classification or use requires a separate Occupancy Permit in addition to an Occupancy Permit to occupy the building.

Change of Use

This is where a building is proposed to be used in a different way from the use authorised by the current Occupancy Permit, but the classification remains unchanged.

Change of Classification

This is where it is proposed to change the existing Building Code of Australia (BCA) classification of a building to a different classification, see below for classification descriptions.

A change of classification requires the building to comply with the current building standards relevant for the new proposed classification. This may require building work to be carried out to meet the requirements for the new classification and the submission of a Building Application.

It is recommended that a person wishing to change a building’s classification seek advice from a registered Building Surveyor; contact the City’s Building Services on 9273 6000 for a list of registered Building Surveyors or refer to the Building Commission’s website.

www.commerce.wa.gov.au

Building Classifications

• Class 1a: Single dwelling
• Class 1b: Short term accommodation
• Class 2: A building containing two or more sole occupancy units each being a separate dwelling
• Class 3: or 4 A residential building (other than Class 1 or Class 2) located within a commercial building
• Class 5: Office building including a dentist, veterinary clinic or physiotherapy rooms
• Class 6: A shop or other building where goods or services are retailed directly to the public
• Class 7a: Carpark building
• Class 7b: A building where goods are wholesaled, such as a warehouse
• Class 8: A building where a process takes place, such as a factory or workshop
• Class 8a: A health-care building, such as a hospital or clinic
• Class 9b: An assembly building, such as a church, childcare centre, sports hall or school
• Class 9c: An aged care building
• Class 10a: Non-habitable buildings such as a garage, carport or shed