Class 2 Occupation Certificates NSW 2026: Final Design Compliance Declarations, As-Built Regulated Designs and What Must Be Lodged Before OC

Before a Class 2 Occupation Certificate in NSW, the building practitioner must lodge a building compliance declaration and as-built regulated designs on the Planning Portal — with contractor documents, variation statements and any PDP declaration. The certifier cannot issue the OC until those declarations are lodged.

What must be lodged before a Class 2 Occupation Certificate under the DBP Act?

For Class 2 (and certain Class 3 and 9c) building work, the Design and Building Practitioners Act 2020 (DBP Act) and Design and Building Practitioners Regulation 2021 (DBP Regulation) sit alongside the Environmental Planning and Assessment Act 1979 (EP&A Act) occupation pathway. NSW Government guidance for building practitioners is explicit: the building compliance declaration and any as-built designs (final regulated designs) must be lodged on the NSW Planning Portalprior to the application for an occupation certificate. See Building practitioner obligations — NSW Government.

The NSW Planning Portal developer/practitioner guide (“I have a DA, CC or CDC approval”) states that before you apply for an OC, a set of construction-issued designs must have been uploaded and lodged, together with the building compliance declaration accompanied by:

• Variation statements — for variations to the work (other than variations to a building element or performance solution) that differ from the regulated designs, detailing type, purpose, part of the building varied, and how the variation meets Building Code of Australia (BCA / NCC) requirements
• Additional-detail regulated designs — documents that contain additional details not reflected in the construction-issued regulated designs (but that are not variations)
• Contractor document — a mandatory statement of all contractors used to provide services in the construction of the building
• Principal compliance declaration — if a principal design practitioner (PDP) was nominated on the project

Templates for the variation statement and contractor document are published by Building Commission NSW / NSW Fair Trading on nsw.gov.au — download the live PDF or XLSX rather than inventing fields. The building compliance declaration itself is an online Portal form completed by the registered building practitioner (it cannot be delegated).

How do as-built regulated designs differ from the CC pack?

At Construction Certificate stage, the focus is construction-issued regulated designs and Design Compliance Declarations (DCDs) so the certifier can issue the CC under DBP Regulation clause 29, and so the building practitioner can lodge those designs before related building work starts. That front-end gate is covered in giantA’s guide to Class 2 Construction Certificates NSW 2026.

At OC stage the Portal asks a different question: do the lodged documents represent the as-built (final) set? The Planning Portal guide describes as-builts as the final set of construction-issued regulated design documents. If you uploaded and lodged throughout construction — including mid-build variations for building elements and performance solutions — you typically confirm at the end that the lodged set is the as-built set, and documents are tagged as as-built when the building practitioner completes that declaration step (Portal: Declare As Builts / final set).

Practical implications for apartment teams:

1. As-builts are not a separate “pretty as-built drawing package” invented at handover if the construction-issued and variation trail was kept current — they are the final declared regulated design set that matches what was built.
2. If building-element or performance-solution work drifted from declared designs without updated regulated designs and DCDs, you have an RDP redesign problem before OC, not just a paperwork tidy-up. See Class 2 design variations mid-build.
3. Which elements needed regulated designs and DCDs in the first place is mapped in Class 2 regulated designs / RDP Design Compliance Declarations.

Who owns the building compliance declaration — and what does it say?

The registered building practitioner is responsible for declaring that building work has been constructed in accordance with the declared designs and that the work otherwise complies with the Building Code of Australia. NSW Government building-practitioner guidance states that only the building practitioner can lodge the building compliance declaration; that task cannot be delegated (unlike some design-upload tasks that may be delegated to an appropriate practitioner).

Coordinate roles early with the RDP, building practitioner and any PDP — giantA’s overview of Class 2 design collaboration (RDP, BP, PDP) explains who prepares, who lodges, and who declares at each gate.

What blocks the principal certifier from issuing the OC?

NSW Government certifier guidance explains that certifiers cannot provide an occupation certificate until all compliance declarations for the building work are lodged on the NSW Planning Portal. Under the DBP Regulation, the principal certifier is prohibited from issuing an OC unless the building compliance declaration for the building work has been provided; more broadly, a principal certifier must not issue or determine an OC application until satisfied that all compliance declarations required for the building work have been lodged in accordance with the DBP Act. That includes confirming design compliance declarations and the building compliance declaration are on the Portal. See Certifier obligations — regulated buildings (NSW Government).

Common OC-blockers on Greater Sydney Class 2 sites:

• Building compliance declaration not lodged — CC-stage CIRDs exist, but the end-of-build declaration was left for “settlement week”.
• As-built confirmation incomplete — Portal gates still expect the final set to be tagged / declared as as-built.
• Missing contractor document or variation statements — templates exist on nsw.gov.au; incomplete contractor lists delay lodgement.
• Open building-element / performance-solution variations — undeclared waterproofing, fire, enclosure or structure changes without updated RDP designs and DCDs.
• PDP principal compliance declaration missing where a PDP was nominated.
• Parallel RAB Act / Portal gates — Intent to Seek Occupation Certificate (ITSOC), Expected Completion Notice (ECN), strata building bond (where applicable) and Fair Trading audit status can also stop the Portal from allowing an OC application to proceed for Class 2 projects. Confirm live Portal checks rather than assuming DBP documents alone unlock the form.

Do not invent levy amounts, bond percentages or audit timelines in your project tracker — those instruments sit under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 and related Fair Trading / Portal processes. Use the live Planning Portal and Fair Trading pages for the current eligibility questions and figures.

What should developers, builders and RDPs have ready before OC?

Treat the last 8–12 weeks before expected completion as an OC document freeze, not a surprise sprint:

1. Close the variation trail — every building-element and performance-solution change has an updated regulated design + DCD lodged; other variations are captured in variation statements.
2. Reconcile as-built vs declared set — RDP and building practitioner walk the final package (structure, fire including passive fire, waterproofing, enclosure, BCA-required services, vertical transport aspects that achieve BCA compliance).
3. Compile the contractor document — use the Building Commission NSW template; list all persons contracted by the building practitioner to do any of the building work.
4. Confirm PDP status — if a PDP was appointed, obtain the principal compliance declaration for the package.
5. Building practitioner lodges building compliance declaration + supporting documents on the Portal when no further variations are expected, and confirms the as-built final set.
6. Developer / applicant completes Portal OC pathway steps that apply to the project (ITSOC / ECN and any other Portal gates shown for that development) and applies for the OC only after compliance gates validate.
7. Principal certifier reviews lodgement — OC issues only when required compliance declarations are on the Portal and other EP&A / consent conditions for occupation are met.
8. Diary the 90-day post-OC duty — lodge variations to the declared final set within 90 days of OC issue, or confirm that no variations have been made (Portal post-OC declaration steps).

How do Intent to Seek OC, audits and strata bond relate (without mixing statutes)?

DBP Act declarations are necessary for Class 2 OC, but they are not always sufficient to open the Portal OC application. The Planning Portal’s Class 2 checklist before an OC application can proceed also references (where applicable): as-built tagging after the building compliance declaration; completion of the strata building bond process where the Strata Building Bond and Inspection Scheme applies; and Fair Trading compliance assessment / OC audit status. Separately, an Expected Completion Notice under the Residential Apartment Buildings Act pathway is lodged via Intent to Seek Occupation Certificate between six and twelve months ahead of applying for an OC (with amendment rules published on the Portal).

Keep the instruments separate in your programme:

• DBP Act — regulated designs, DCDs, building compliance declaration, contractor document, variation statements, PDP declaration, certifier OC prohibition until declarations lodged
• EP&A Act — development consent conditions, CC/CDC history, occupation certificate application and certifier determination
• RAB Act / Fair Trading Portal processes — ECN / ITSOC, building work levy eligibility, strata building bond eligibility, OC audits

giantA’s role as a NSW Registered Design Practitioner (Class 2) is the regulated-design and DCD trail through to as-built readiness — coordinate early with your building practitioner and certifier so Portal gates do not collide in the final month.

FAQ

What is the difference between a Design Compliance Declaration and a building compliance declaration?

A Design Compliance Declaration is made by a registered design practitioner for regulated designs (including variations to building elements and performance solutions), stating compliance with the BCA and other prescribed requirements. A building compliance declaration is made by the registered building practitioner at the end of construction, declaring that the building work was constructed in accordance with the declared designs and otherwise complies with the BCA. Both streams must be on the Planning Portal before the OC pathway can complete for Class 2 work.

Can the building practitioner delegate the building compliance declaration?

No. NSW Government guidance states the final building compliance declaration must be made by the building practitioner and cannot be delegated. Some lodgement of designs and design compliance declarations may be delegated to an appropriate practitioner — confirm current Portal role settings on planningportal.nsw.gov.au.

Do we need new as-built drawings if nothing changed after the last CIRD lodgement?

If construction-issued regulated designs and declared variations already reflect what was built, the Portal workflow is typically to confirm that the lodged documents represent the as-built (final) set. If the built work diverged from declared designs for building elements or performance solutions, obtain updated regulated designs and DCDs from the relevant RDP before relying on an as-built confirmation.

What happens in the 90 days after the OC?

For building work started on or after 1 July 2021, a registered building practitioner must lodge any variations to the declared final set within 90 days of an OC being issued, or confirm that no variations have been made. Follow the Portal’s post-OC declaration steps for your building work case.

Does a staged OC change the DBP document set?

Where multiple occupation certificates are sought, the Portal guidance requires one Intent to Seek OC case for each OC you want to apply for. Align the building compliance declaration and as-built confirmation with the building work (and CC stages) covered by that OC. Do not assume a partial OC can ignore undeclared regulated design work within its scope.

Where do strata owners fit after OC?

Once occupied, defect and compliance issues may engage strata and RAB Act processes. Keeping a clean as-built regulated design trail and building compliance declaration reduces dispute friction for developers, builders and future owners corporations — but always take project-specific legal advice on defect liability and bond schemes.

How giantA helps Class 2 teams reach OC with a complete design trail

giantA Pty Ltd provides architecture, drafting and BASIX/NatHERS services across Parramatta CBD and Greater NSW, and is a NSW Registered Design Practitioner for Class 2 work under the DBP Act. We prepare and coordinate regulated designs and Design Compliance Declarations from CC through mid-build variations so the as-built set your building practitioner lodges before OC is coherent, declared and Portal-ready. Engage us early when construction documentation starts — not in the week before settlement.

Talk to the team at gianta.com.au or email info@gianta.com.au.

Preferred sources (verify current versions)

• Design and Building Practitioners Act 2020
• Design and Building Practitioners Regulation 2021
• Building practitioner obligations (NSW Government)
• Certifier obligations — regulated buildings (NSW Government)
• NSW Planning Portal — I have a DA, CC or CDC approval
• Contractor document for building practitioners
• Building practitioner variation statement