Developers working on regulated buildings (class 2, 3 or 9c) under the RAB Act 2020, have additional responsibilities when managing a project.
On this page:
Key information
Definition of a developer
What a developer needs to do before building work starts
What a developer needs to do before seeking an occupation certificate
Applying for an occupation certificate
The auditing process
Frequently asked questions
Need further support?
Key information:
- Developers working on regulated buildings under the Residential Apartment Buildings (Compliance and Enforcement) Act 2020, have additional responsibilities when managing a project. This includes any Class 2, 3, or 9c building or building with a Class 2, 3, or 9c part
- Developers must create a developer account on the NSW Planning Portal to work on regulated buildings
- A developer with building work that is approaching completion must give notice of the date the building is expected to be completed and/or their plan to apply for an Occupation certificate
- The building work levy must be paid as part of the application for an occupation certificate for a regulated building class (currently class 2, 3 and 9c buildings).
Definition of a developer
A developer is defined in section 4 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 as any one of the following:
- the person who contracted, arranged or facilitated building work to be carried out
- the owner of the land on which a building or part of a building is erected or constructed (who was the owner when the building work was being carried out)
- the principal contractor for the building work within the meaning of the Environmental Planning and Assessment Act 1979
- the developer for building work for a strata scheme within the meaning of the Strata Schemes Management Act 2015
- Under the Strata building bond & inspections scheme (SBBIS), developers of new apartment buildings 4 storeys or higher must pay a building bond to NSW Fair Trading
What a developer needs to do before building work starts
There are a number of tasks that a developer must complete before building work starts. These tasks are done on the NSW Planning Portal. For more information and resources for using the portal as a developer, read the developer and practitioner resources page.
1. Create an account on the NSW Planning Portal
Developers must create a developer account on the NSW Planning Portal in order to lodge documents and make payments.
Watch an overview video of the end-to-end process for developers to meet the legislative requirements for designs and building works on the NSW Planning Portal. This video includes submitting an expected completion notice, paying the building work levy and the strata building bond.
2. Nominate a building practitioner, design practitioner and principal certifier
Before building work starts, a developer must nominate the building practitioner, design practitioner and principal certifier working on the development. This is done on the NSW Planning Portal.
3. Upload building work commencement date
Developers are required to enter the building work commencement date prior to the building works commencing on the NSW Planning Portal. The option to submit the building work commencement date will only be available after a Complying Development Certificate (CDC) or a Construction Certificate (CC) has been issued.
What a developer needs to do before seeking an occupation certificate
1. Lodge an Expected Completion Notice (ECN) and Intention to Seek an Occupation Certificate (ITSOC)
A developer with building work that is approaching completion must give notice of the date the building is expected to be completed and their plan to apply for an occupation certificate.
Notice must be given at least 6 months, but no more than 12 months, before applying for an occupation certificate.
Some building work may be completed in less than six months. If at the commencement of building work, a developer expects to apply for an occupation certificate in less than six months, they must submit the expected completion notice within 30 days of building work commencing.
Giving notice allows time for a review of the building development, including a possible occupation certificate audit, to identify any serious defects before the building is completed and buyers settle their contracts.
There can be serious consequences if notice is not provided, including fines and a prohibition order that delays the occupation certificate being issued.
Read more about lodging a notice of intended completion of building work.
2. Pay the building work levy
The building work levy must be paid as part of the application for an occupation certificate for a regulated building class (currently class 2, 3 and 9c buildings).
The levy applies to the following types of building work:
- New buildings
- Addition of storeys to existing buildings (resulting in an extra 5 or more residential premises) This could be a staged development with multiple construction certificates, or an extra floor being added to an existing building
- Repair, renovation or remediation work valued over $150,000 for buildings
Building work on existing class 3 and 9c buildings will be exempt from the building work levy until 1 July 2024.
The trigger for the payment of the levy starts when an expected completion notice (ECN) is submitted as part of the intention to seek an occupation certificate (ITSOC). The person who submits the ITSOC is liable to pay the levy.
Read more about paying the building work levy.
3. Lodge a Strata Bond application with NSW Fair Trading (class 2 only)
Under the Strata Building Bond & Inspections Scheme (SBBIS), developers of new eligible apartment buildings 4 storeys or higher must pay a building bond to NSW Fair Trading equal to 2% of the total price paid or payable of all contracts for the building.
Read more about the Strata building bond & inspection scheme (SBBIS).
If you’d like a step-by-step guide to the Planning Portal process, see Strata Building Bond lodgement.
Applying for an occupation certificate
A developer must apply for an occupation certificate (OC) if they want to:
- Occupy or use a new building
- Change the use of an existing building.
Read more about applying for an occupation certificate on the NSW Planning Portal.
The auditing process
The NSW Building Commissioner and NSW Fair Trading has powers to inspect regulated buildings (currently class 2, 3 & 9c) and take action against developers in relation to serious or potentially serious defects in building work under the Residential Apartment Buildings (Compliance and Enforcement) Act 2020 (RAB Act).
The aim is to raise the standard of construction for regulated building classes and minimise harm or loss to consumers.
Read more about our occupation certificate audit strategy.
Frequently asked questions
Do you have a step-by-step guide for lodging developer compliance declarations and designs on the NSW Planning Portal?
The NSW Planning Portal has a step-by-step guide to help developers through the lodgement process. From 15 May 2023, changes to the NSW Planning Portal affect the online workflow for development projects needing DA, CC or CDC.
Do I need to submit an expected completion notice for a class 3 or 9c building if building work started before 3 July 2023?
Yes. If you intend to apply for an occupation certificate (OC) for a class 3 or 9c building, you will need to submit an expected completion notice (ECN) between 6 to 12 months before the application of an OC is made.
This applies to both new and existing class 3 and 9c buildings.
If your building work is due to be completed between 3 July 2023 and 3 January 2024, a transitional period is available where you will need to submit an ECN before 18 July 2023 (within 14 days of 3 July 2023) on the NSW Planning Portal to avoid a fine or prohibition order.
This transitional period applies to developers of class 3 and 9c buildings only, allowing developers to submit an ECN and avoid the delay of being issued an occupation certificate.
Need further support?
For advice on your requirements under the Design and Building Practitioner scheme, contact Service NSW on 13 32 20 or fill in the form.
If you need help using the NSW Planning Portal visit NSW Planning Portal support or call 1300 305 695 or email [email protected].