What Requires a Temporary Occupancy Permit

The objective of this regulatory control is to safeguard the public who assemble for public events in temporary structures or/and use existing buildings and other persons who use temporary structures or/and use existing buildings from illness or injury.

Always consult with your Local Council or Building Surveyor as Legislation, Regulations, The Building Code of Australia and Australian Standards are always changing.

Temporary structure, includes any –

  • a) Booth, tent or other temporary enclosure, whether or not a part of the booth, tent or enclosure is permanent; or
  • b) Temporary seating structure; or
  • c) A mobile structure; or
  • d) A temporary bridge; or
  • e) A temporary stage; or
  • f) A temporary platform; or
  • g) A temporary tower.

You will need a Temporary Occupancy Permit before you can use any of the above.

How to Apply for a Temporary Occupancy Permit

You can make an application for a Temporary Occupancy Permit to the General Manager using Form 5.

The following sequence must be undertaken by the applicant for a temporary occupancy permit:

1) Determine if the Temporary Structure is exempt: (see Director’s determination exemption from TOP at the bottom of this page) and (Building Regulations 38). If unsure ask Council.

2) If the temporary structure is not exempt them you need to apply for a Certificate of Likely Compliance (CLC) Form 11 provided by a Building Surveyor (BS) or Assistant Building Surveyor (ABS) (Council checks accreditation of BS or ABS).

3) If the building you want to use is an existing building you should first find out its classification (classification determines use of a building). If the building is not approved as a class 9b then you must obtain a Certificate of Suitability (COS) (Form 45) for temporary occupation of the building. This Certificate is provided by a BS or ABS.

4) You will need to submit a site plan indentifying where the temporary structure is going to be located. The site plan will need to indentify boundaries and the distance from the temporary structure to other buildings and or any other temporary structure.

The General Manger will take into consideration the following matters:

  • a) A certificate of suitability for temporary occupation of the building provided by a building surveyor;
  • b) The construction of the building;
  • c) A certificate of likely compliance of the temporary structure with the requirements of the Building Code of Australia;
  • d) The distance of the building or temporary structure from any adjoining fire source feature;
  • e) The intended temporary occupancy use of the building or temporary structure;
  • f) Any access to waste water management systems in place or provided;
  • g) Any plumbing permit or special plumbing permit granted;
  • h) Any access to a temporary water supply;
  • i)  The suitability of the electrical installation in and around the building or temporary structure.

In considering a document or matter a general manager may rely on any manufacturer's documents submitted in support of the document or matter.

Exemptions for a Temporary Occupancy Permit

Pursuant to section 105(b) of the Act, a temporary occupancy permit is not required for –

1) A tent with a floor space of less than 75 square metres if –

  • a) It is the only temporary structure on the site on which it is erected; and
  • b) It does not have an ignitable fuel source; and
  • c) It is not erected within 10 metres of an ignitable fuel source; and
  • d) It will not be used for more than 2 days; and
  • e) It does not need a plumbing permit or special plumbing permit; and
  • f) It does not need electrical wiring; and
  • g) It does not need an off-site disposal system; and
  • h) It is erected at least 2 metres from any other building; or

2) A tent erected in a caravan park, or camping or similar area; or

3) A tent or other temporary structure, or a building, that –

  • a) Is of a type; or
  • b) Is for a purpose; or
  • c) Meets other criteria – determined by the Director.

There are other applicable conditions which do not require you to apply for a temporary Occupancy Permit as per point (c) above, the document is listed below.

Should you still require clarification it is strongly suggested that you contact Councils Building and Plumbing Section.

Temporary Occupancy Exemptions

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