In the context of property developments and sales the term “occupancy certificate” is often referred to.
The applicable law is the National Building Regulations and Building Standards Act 103 /1977
What is an occupancy certificate (also known as a certificate of occupancy or a use certificate )?
Before a building on a property may be erected, the owner has to prepare building plans showing the proposed structure to be erected on the property. These plans are submitted to the local authority within whose jurisdiction the property in question falls.
Once the plans have been approved construction of the building may commence.
After the building has been completed, the owner or any other person having an interest in the property may apply to the local authority for the issue of an occupancy certificate.
The certificate in essence confirms that the building has been erected in accordance with the terms of the local authority’s approval of the building plans approved by it, that it has been inspected and that it meets the minimum standards for habitation.
A certificate cannot be issued unless the local authority has been provided with :
- A certificate that the electrical wiring and all electrical installations on the property are legally compliant
- Certificates that the structural system, fire protection system and the fire installation system have been designed and installed in accordance with the terms of the approval of the building plans
A building may not be occupied before an occupancy certificate has been issued.
Apart from the occupancy issue, there are other disadvantages to not having the certificate eg insurance cover may be difficult to obtain, mortgage finance will not be readily available, water and electrical connections may not be possible.
The issue of a certificate is not a certificate that the building is free of defects. Its practical effect is that it is safe for habitation. Other enquiries regarding defects would have to be made.
The above also applies to renovations or additions to existing buildings.