When a building project is complete in Victoria, one of the most important documents you need is the Certificate of Occupancy. But who is responsible for issuing it, and when is it legally required?

Let’s break down the facts based on current Victorian Building Authority (VBA) regulations and the Building Act 1993 (VIC).

✅ What Is a Certificate of Occupancy?

A Certificate of Occupancy is an official document that shows a building is safe and suitable for occupation. It confirms that the construction complies with:

• The approved building permit
• The Building Code of Australia (BCA)
• Relevant safety and health regulations

In Victoria, this certificate is mandatory for newly constructed class 1b to class 10 buildings, and especially for new homes (class 1a) and commercial buildings (class 2–9).

👷‍♂️ Who Can Issue a Certificate of Occupancy in Victoria?

Only a Registered Building Surveyor in Victoria is authorised to issue a Certificate of Occupancy.

This cannot be done by the builder, contractor, or owner. The building surveyor is an independent professional appointed at the start of the project to inspect and sign off on compliance throughout construction.

What Does the Surveyor Check Before Issuing the Certificate?

Before issuing the certificate, the building surveyor will:

• Inspect the completed work
• Confirm the building complies with the approved permit and plans
• Ensure all safety systems (e.g., smoke alarms, emergency exits) are installed and working
• Confirm essential services are functional
• Verify documentation (compliance certificates, test reports, etc.)

Can You Occupy a Building Without a Certificate in Victoria?

No. It is illegal to occupy a new building without a Certificate of Occupancy. Doing so may result in:

• Penalties or fines issued by the local council or VBA
• Issues with insurance or legal liability
• Delays in selling, leasing, or refinancing the property

How to Apply for a Certificate of Occupancy

Typically, your builder or project manager will gather the necessary documents and submit them to the appointed building surveyor, including:

• Final inspection report
• Compliance certificates (plumbing, electrical, waterproofing, etc.)
• Statement from the builder confirming the building is complete
• Relevant test results (e.g., fire safety systems)

Once approved, the building surveyor will issue the certificate.

Builders Institute Tip:

Make sure you engage a registered building surveyor early in your project and maintain clear communication throughout the build. This helps avoid compliance issues at the final stage.

If you’re unsure about your responsibilities as a builder, owner-builder, or developer—our training programs can guide you through building codes, legal compliance, and more.

Final Thoughts

In Victoria, only a registered building surveyor can issue a Certificate of Occupancy. It’s a crucial step in every project, and knowing the process helps ensure your build finishes without costly delays.

Need more construction compliance training?
👉 Explore our Certificate IV in Building and Construction or Owner Builder Mentoring Program to stay on top of legal and practical requirements in Victoria’s building industry.