Occupancy Permit

An Occupancy Permit must be obtained before a Class 2 to 9 building can be occupied.

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)

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, a separate Occupancy Permit Strata is required.

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 reverse 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 9394 5000 for a list of registered Building Surveyors or refer to the Building Commission’s website.

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 10aNon-habitable buildings such as a garage, carport or shed

SUBMITTING A BUILDING APPLICATION FOR an occupancy permit

If you would like to submit an application for an occupancy permit, you will need to include the following information in your application:

  • A complete BA9 or BA11 (strata) Occupancy Permit application form
    • Including all owner's details, construction materials and costings
    • Signed by all owners
    • Including applicant's contact details
    • Including statement signed by applicant

BA9 & BA11 application forms are available from the City's website here (link) or from the front counter of the City's Administration Centre

  • A Certificate of Design Compliance or Certificate of Building Compliance

This must be issued by a registered Building Surveying Practitioner and include all documentation as referenced on the Certificate of Design Compliance

  • Payment of fees

Refer to the City's Fees and Charges for full fee details (link). Fee details are also available from the front counter of the City's Administration Centre.

Occupancy Permit Process


This information is intended as a guide only. The City disclaims any liability for damages sustained by a person acting on the basis of this information.

For more information please contact the City's building services team on 9273 6000 or email mail@vincent.wa.gov.au