A certificate of compliance is issued under the Planning and Development Act 2007. It means you have complied with any development covenants of your Crown lease.
Typical covenants are that construction must start within 12 months and must be completed within 24 months of the commencement of the Crown lease.
Holding a certificate of compliance allows you to sell your property in the future without a lease transfer consent. It does not prevent future action in relation to the development if it is later discovered the work did not comply.
A certificate of compliance is only issued once for the original development.
If you have not complied with the development provisions you will need to submit an application for extension of time before you can apply for certificate of compliance. Additional fees may apply as part of this application process.
How to apply
Due to legislative requirements, when requesting a certificate of compliance, you are required to complete an application form, which must contain all lessees' details and must be signed and dated by all lessees for that property.
You should only submit your application for certificate of compliance when you have complied with the development provisions in the Crown lease and, if a certificate of occupancy or use is required for any related building work, you have obtained a certificate of occupancy or certificate of regularisation for the building.
Once issued, certificates of compliance are emailed back to the applicant.
Single residential: If compliant with the development provisions a certificate can be issued within two days of application.
Unit developments (residential and non-residential): Depending on the development provisions and if the unit development is staged or unstaged, the certificate/s of compliance generally take up a five working days to issue.
Other non-residential: Depending on the development, various inspections will need to be carried out (such as car parking, driveway, landscaping) and it can take approximately 30 working days to issue the certificate of compliance.
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