If you are dealing with a commercial project in Perth, it is common to hear people use the term certificate of occupancy. In Western Australia, however, the formal document you will usually be dealing with is an occupancy permit.
For commercial buildings, an occupancy permit confirms the approved use of the building and its classification under the National Construction Code.
The City of Perth states that an occupancy permit must be obtained from the permit authority before a Class 2–9 building can be occupied.
From a practical point of view, this means it is not just a final piece of paperwork at the end of the project. It is part of the legal and compliance framework that determines whether a commercial building or tenancy is ready to be occupied.
When is an occupancy permit required?
For commercial buildings in Perth, an occupancy permit is commonly required:
- before occupying a completed new Class 2–9 building
- before occupying a new part of an existing commercial building
- when a building or tenancy has undergone a change of use or classification
- when seeking to authorise and occupy an unauthorised building or part of a building
- when occupying an incomplete building or part of a building on a temporary basis.
Is an occupancy permit always required?
Not in every case, but for many commercial projects it is required.
The City of Perth’s occupancy permit guidance makes clear that Class 2–9 buildings are the focus of the occupancy permit system, while Class 1 and Class 10 buildings do not require an occupancy permit. It also notes that the Building Act and Building Regulations contain specific exemptions that need to be considered on a case-by-case basis.
You can download the application form here.
The safest assumption is to check early whether the type of building, tenancy, or change of use requires a certificate of occupancy.
How and when is a project issued an occupancy permit?
An occupancy permit is generally issued toward the end of the project, once the required compliance documentation has been provided to the permit authority.
For a commercial project in Perth, the application is made using the BA9 occupancy permit application. According to the City of Perth occupancy permit information pack, the application must be supported by:
- a Certificate of Construction Compliance (BA17) for new buildings or new building work to existing buildings, or a Certificate of Building Compliance (BA18) for existing buildings,
- evidence of any other approvals required under written law where relevant
- owner consent where applicable
- and payment of the prescribed fee and levy
Some local governments may also carry out their own inspection before issuing the permit. For example, the City of South Perth states that it undertakes an inspection prior to issuing an occupancy permit and may charge additional fees if further inspections are required due to outstanding matters.
What if the building or tenancy already exists?
This is area often causes confusion.
For existing commercial buildings or tenancies, the issue is not always whether the building is brand new. Sometimes the question is whether there is already an occupancy permit on file, whether the current use matches the approved classification, or whether a change of use has created a new approval requirement.
You should check whether an occupancy permit or certificate of classification is already on file. If there is no occupancy permit for the building or tenancy, a BA9 occupancy permit application may be needed. (vincent.wa.gov.au)
That makes occupancy permits relevant not only to builders and developers, but also to owners, landlords, and tenants dealing with existing commercial premises.
Why it matters before handover or occupation
A project may appear complete, but if the required occupancy approval has not been granted, the building or tenancy cannot be legally occupied.
That is why occupancy should be considered early. Leaving it to the end can delay opening, leasing, handover, or practical use of the premises.
Conclusion
If you are planning a new commercial building project in Perth, IQ Construction can help you understand when an occupancy permit may be required, what documents are likely to support the application, and how occupancy approval fits into the overall project timeline from construction through to handover.
Contact us for all your commercial building needs today!