Answer first: Developers of NSW Class 2 apartment buildings must lodge an expected completion notice (ECN) on the NSW Planning Portal at least 6 months, but no more than 12 months, before applying for an occupation certificate. Late or missing notice can trigger fines and a Building Commission NSW prohibition order that blocks the OC and strata plan registration.
By: giantA Pty Ltd · Updated 21 October 2026
What is an expected completion notice?
An expected completion notice is the developer’s formal advice to the regulator of the date it expects to apply for an occupation certificate (OC). The obligation sits in section 7 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (the RAB Act) and has applied since 1 September 2020. Under section 7, a developer must not cause or permit an OC application for any part of a residential apartment building unless the ECN was given at least 6 months, but not more than 12 months, before that application. The notice must state the expected date of the OC application.
According to NSW Government guidance on lodging an expected completion notice, the notice gives NSW Fair Trading and Building Commission NSW time to review the development, including a possible OC audit, and catch serious defects before buyers settle.
The ECN is separate from the Design and Building Practitioners (DBP) Act declarations: both sets of gates must be cleared on the Planning Portal before an OC application can start.
Which buildings and developers does the ECN apply to?
NSW guidance says the requirement applies to developers working on Class 2, 3 and 9c buildings, or buildings with a Class 2, 3 or 9c part. Class 3 and 9c came in from 3 July 2023. For classification, see our explainer on what a Class 2 building is, and remember that one Class 2 part can bring a whole mixed-use building into the scheme — see our mixed-use Class 2 guide.
“Developer” is defined widely in section 4 of the RAB Act. Any of the following can be a developer:
- the person who contracted, arranged, facilitated or otherwise caused (directly or indirectly) the building work to be carried out;
- the owner of the land at the time the building work is carried out, where the work is the erection or construction of a building or part of a building;
- the principal contractor for the building work; and
- the developer of the strata scheme.
A landowner, development manager and builder can all be “developers” on one project. Section 7 gives a defence where another developer gave the notice, so agree in writing who lodges the ECN and any amendment.
When must the ECN be lodged?
The core rule is a window, not a single deadline. Two further rules change the timing in practice.
| Situation | Official requirement | Source |
|---|---|---|
| Standard project | Give the ECN at least 6 months, but no more than 12 months, before applying for the OC | RAB Act s 7(1); NSW Government ECN page |
| OC expected less than 6 months after building work starts (e.g. some staged work) | Give the ECN within 30 days of building work commencing | RAB Act s 7(3); NSW Government ECN page |
| Expected date moves by 60 days or less | No action needed | NSW Government ECN page |
| Expected date moves (earlier or later) by more than 60 days | Lodge an expected completion amendment notice on the Planning Portal within 7 days of becoming aware of the change | NSW Government ECN page |
| Amendment notice given less than 6 months before the OC application | A ground for a prohibition order | Building Commission NSW — About orders |
Because section 7 refers to an OC for “any part” of the building, staged and partial OCs need their own planning. The building work levy guidance confirms the levy is payable on each stage of work where an ECN is required, which is a strong signal that each stage seeking an OC has its own ECN. Confirm your staging strategy with your certifier before the first notice goes in.
What happens on the Planning Portal before and after the ECN?
The developer obligations page sets out the sequence. Before building work starts, the developer must:
- create a developer account on the NSW Planning Portal;
- nominate the building practitioner, design practitioner and principal certifier for the development; and
- enter the building work commencement date — an option that only becomes available after the construction certificate (CC) or complying development certificate (CDC) has been issued.
Before seeking an OC, the developer then:
- lodges the ECN as part of the intention to seek an occupation certificate (ITSOC) process;
- pays the building work levy (the levy is triggered when the ECN is submitted as part of the ITSOC, and the person who submits the ITSOC is liable to pay it);
- lodges a strata building bond with Building Commission NSW where the Strata Building Bond and Inspections Scheme (SBBIS) applies (Class 2 only); and
- applies for the OC once every compliance gateway has been completed.
The DBP Act steps run alongside (see our Class 2 construction certificate guide, Class 2 design variations mid-build and Class 2 occupation certificate guide).
Which Planning Portal gates can stop a Class 2 OC application?
The NSW Planning Portal’s occupation certificate page lists compliance gates built into the Portal to stop a developer initiating a Class 2 OC application if they are not met:
| Portal compliance gate | Legislation behind it | Who usually owns the fix |
|---|---|---|
| Notice not given within 6–12 months before the OC application | RAB Act | Developer |
| Expected completion amendment notice not given when the expected date changed | RAB Act | Developer |
| No notice of intention to commence building work (work starting after 1 July 2021) | RAB Act / DBP Act Portal workflow | Developer |
| Pre-OC audit required, or serious defects exist | RAB Act | Developer and builder |
| Compliance declarations and regulated designs not lodged by registered practitioners | DBP Act | Design practitioners and building practitioner |
| Strata building bond and documents not lodged, if applicable | Strata Schemes Management Act 2015 | Developer |
Our guide to Class 2 compliance documentation on the Planning Portal covers the document set in more detail.
What happens if your project is selected for an OC audit?
Lodging the ECN puts the project in front of the regulator. Building Commission NSW explains on its occupation certificate audit page that sites are selected using risk rating tools, and that the risk analysis considers matters such as the date the ECN was lodged and the dates Critical Stage Inspections were carried out. If a project is chosen, the developer cannot apply for the OC while the audit is open.
The published audit process is:
- Notification — written notice and an invitation to a developer briefing.
- Document upload — a notice for information and records (copied to the certifier); listed documents, including designs and contracts, go on the Planning Portal before the site visit.
- On-site inspection — inspectors focus on structure, waterproofing, fire safety systems, building enclosures and essential services (such as lifts and acoustics), and may audit other elements or return for follow-ups.
- Outcome and close — orders for serious defects, rectification of other defects before OC, or a close-out letter; the project then moves to the levy, strata bond and OC application.
Developers must comply with an authorised officer’s direction to provide information, answers or records. Building Commission NSW states the maximum penalty is $110,000 for a body corporate and $22,000 in any other case. Occupied Class 2 buildings up to 10 years old can also be selected for post-OC audits.
A clean audit depends on a complete design file — declared regulated designs for each building element, variation records and integrated disciplines.
What is a “serious defect”?
Building Commission NSW describes a serious defect as including any defect likely to cause the inability to inhabit or use the building (or part) for its intended purpose; any building element that does not comply with the Building Code of Australia, a relevant Australian Standard or the relevant approved plans; or any use of products in contravention of the Building Products (Safety) Act 2017. Non-compliance with approved plans can be enough, so undeclared design changes are a real audit risk.
What orders can Building Commission NSW issue to developers?
Building Commission NSW’s guidance on orders describes the RAB Act tools that apply to Class 2, 3 and 9c buildings (or buildings with such a part):
| Order | RAB Act section | What it does | When it can be issued |
|---|---|---|---|
| Prohibition order | s 9 | Can prevent the issue of an OC, the registration of a strata plan, or both | ECN not given or given less than 6 months before the OC application; amendment notice not given or given late; a serious defect exists; an undertaking’s rectification bond not provided; strata building bond not given; failure to comply with an authorised officer’s direction; building work levy not paid |
| Stop work order | s 29 | Stops building work | Work is, or is likely to be, carried out in a way that could cause significant harm or loss to the public or occupiers, or significant damage to property |
| Building work rectification order | s 33 | Requires the developer to eliminate, minimise or remediate a serious defect | Work was or is being carried out in a way that could result in a serious defect, or the building has a serious defect |
A draft order or notice of intent normally comes first. Final orders are published on the Commission’s register of building work orders while in force, and real estate agents must disclose an RAB Act order in force to prospective purchasers. A developer can appeal to the Land and Environment Court within 30 days, but lodging an appeal does not stop the order operating unless the Court orders otherwise. The Commission states that failing to comply with an order carries a maximum penalty for a body corporate of $330,000, plus $33,000 for each day the offence continues.
Section 7 itself carries a maximum penalty of 1,000 penalty units for a body corporate. The bigger risk is commercial: a prohibition order can delay every settlement in the building.
How do the building work levy and strata building bond fit in?
- Building work levy. Per the building work levy page, it applies to new Class 2, 3 and 9c buildings (calculated on the entire building, including mixed-use parts), added storeys on existing Class 2 buildings, and Class 2 repair or renovation work over $150,000 including GST needing an OC. It is a sliding scale by storeys, may rise with CPI each financial year, and the OC will not issue until it is paid unless an exemption is granted — check the current rate table.
- Strata building bond (SBBIS). NSW guidance says developers of new eligible apartment buildings 4 storeys or higher must lodge a building bond equal to 2% of the total contract price before the OC is issued; the increase to 3% has been deferred until 1 July 2028. Our article on Class 2 defect liability periods explains how the bond sits beside statutory warranties and the DBP duty of care.
Does the ECN apply to remedial work on existing apartment buildings?
Potentially. RAB Act building work includes altering or repairing a building, and the levy guidance treats Class 2 repair work over $150,000 needing an OC as levy-able through the ECN/ITSOC process. In our reading, owners corporations should plan for the ECN window where remedial work needs an OC — confirm with your certifier early. Our Class 2 remedial building work guide covers the DBP Act side of those projects.
Is the new Building (Approvals and Practitioners) Act changing this now?
Not yet. The Building (Approvals and Practitioners) Act 2026 passed in August 2026, but only two Schedule 3 items commenced on assent; the rest awaits proclamation. Current projects still follow the RAB Act ECN process and DBP Act declarations. Our overview of the Building (Approvals and Practitioners) reforms tracks what may change.
ECN and pre-OC checklist for Class 2 developers
- Confirm the building classification of every part, and whether the project is staged with more than one OC.
- Agree in writing which “developer” lodges the ECN, amendment notices and ITSOC, and who pays the levy.
- Enter the commencement date once the CC or CDC issues; if OC is expected within 6 months, diarise the 30-day ECN deadline.
- Diarise the 12-month and 6-month marks before the target OC date for each stage, plus a monthly programme check against the 60-day tolerance.
- If the date slips or advances by more than 60 days, lodge the amendment within 7 days.
- Keep an audit-ready file: declared regulated designs, variation declarations, critical stage inspection records, contracts and product documentation.
- Budget the building work levy (current rate table) and, for eligible buildings 4 storeys or higher, the 2% strata building bond.
Frequently asked questions
How long before OC must I lodge the expected completion notice?
At least 6 months and no more than 12 months before the OC application. If, when building work starts, you expect to apply for the OC in less than 6 months, the ECN must be lodged within 30 days of work commencing.
What if construction runs late?
If the expected date moves by 60 days or less, no action is needed. If it moves by more than 60 days — earlier or later — lodge an expected completion amendment notice on the Planning Portal within 7 days of becoming aware of the change.
Can my builder lodge the ECN instead of me?
The principal contractor is itself a “developer” under the RAB Act, and the Act provides a defence where another developer gave the notice. Agree in writing who lodges it, and check the Portal record yourself.
Does lodging the ECN mean my building will be audited?
No. After the ECN, the project is reviewed and may be selected for an OC audit based on risk rating tools. If selected, you cannot apply for the OC until the audit closes.
Can a prohibition order stop strata plan registration?
Yes. Building Commission NSW says a prohibition order can prevent the issue of an OC, the registration of a strata plan, or both. Grounds include a missing or late ECN, a serious defect or an unpaid levy.
Does the ECN replace the DBP Act building compliance declaration?
No. They are separate gates. The ECN is a RAB Act developer notice; the building compliance declaration and design declarations are DBP Act requirements lodged by registered practitioners. Both must be satisfied.
How giantA can help
We design and document Class 2 apartment and mixed-use projects across Greater Sydney and help developers keep the design side of the compliance file audit-ready — from regulated designs and declarations to variation records and as-built sets. Our principal building designer is a NSW Registered Design Practitioner (DEP0001351). See our Class 2 building design service, read how RDP, building practitioner and PDP roles fit together, or ask giantA via Help.
Preferred sources (verify current versions)
- Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (s 4 developer; s 7 expected completion notice; s 9 prohibition orders)
- NSW Government — Lodging an expected completion notice for regulated buildings
- NSW Government — Developer obligations when working on regulated buildings
- Building Commission NSW — How we audit developers: occupation certificate audits
- Building Commission NSW — About orders (prohibition, stop work, building work rectification)
- NSW Government — Paying a building work levy for regulated buildings
- NSW Government — Strata Building Bond and Inspections Scheme
- NSW Planning Portal — Occupation certificate (Class 2 compliance gates)
- Building (Approvals and Practitioners) Act 2026 (commencement, s 2)