A bureaucratic tangle involving the Sutherland Shire Council and state legislation has left a family unable to move into their newly completed home, highlighting the broader issue of red tape in the housing crisis.

This is from the Office of the Hon Paul Scully MP – Minister for Planning and Public Spaces:

“Occupation certificates can only be issued by the certifier appointed to a project.

Only they can determine whether the dwelling has been completed to a stage where it is fit for occupation and issue a partial OC to the project to enable occupation if works are not fully done.

The certifier can be either a private certifier (most likely) or the council, but the Department has no role or power to intervene.

The Department has guidelines and FAQs about OCs on the planning website here: https://www.planning.nsw.gov.au/policy-and-legislation/environmental-planning-and-assessment-act-1979/building-and-subdivision

The FAQs on this page have a number to call for more information 1300 305 695.”

This is from a spokesperson from Sutherland Shire Council:

Property owners are not permitted to move into their newly constructed home until an occupation certificate has been issued by an accredited certifier, confirming that the dwelling satisfies conditions outlined in the development approval.

For dual occupancy developments, these conditions can include the constructions of driveways, stormwater systems and other key features that are common to both dwellings.

Sutherland Shire Council – like any other local government authority – is not able to provide conditional approval for a resident to occupy a dwelling that is nearing completion. Residents are only permitted to move into a newly constructed property once an occupation certificate has been issued, and this is solely the remit of the appointed accredited certifier.

Colloquially, Council understands tougher measures introduced in the recent years by the state government to rein in rogue certifiers has likely made certifiers more cautious in issuing occupation certificates for properties that do not meticulously satisfy the conditions agreed to in a development application.

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