Certificate of Compliance

You can apply for a certificate to confirm that use or development of land complies with the Nillumbik Planning Scheme. Section 97N of the Planning and Environment Act 1987 provides for this.

The are two types of certificates you can apply for:

1. Existing use or development (Form 14) – this certificate states that an existing use or development of land complies with the requirements of the planning scheme at the date of the certificate.
2. Proposed use or development (Form 15) - this certificate states that a proposed use or development of land complies with the requirements of the planning scheme at the date of the certificate.

If your Certificate of Compliance is approved you do not need to get a planning permit for that proposal.

Existing use rights

To confirm an existing use right, you must provide evidence that the current use has been taking place at the site every year for the past 15 continuous years.

Evidence may include:

• statutory declarations
• copies of planning permits and/or approved plans and documents
• copies of other approvals confirming existing use or development (eg building permits)
• annual rate notices
• bills, invoices, purchase orders
• lease agreements
• advertisements for the business showing the date
• any other relevant information (eg historical photographs and aerial photography, formal land records or notices, utility records etc).

Each document needs to clearly state the exact type of use. For example, if the existing use is a flower shop, a document that states ‘retail premises’ won’t be enough.

If the use has stopped:

• for two years, or
• two or more periods that together total two years in any period of three years, or
• in the case of a use which is seasonal in nature, the use does not take place for two years in a row

then the existing use rights expire in accordance with Clause 63.01 of the Nillumbik Planning Scheme.

Before you start

• Talk to us about your proposal and find out what information you will need
• Check the planning fees that apply to your application

Before you apply, you'll need to create an account for eservices. Most registrations are approved within one business day. You'll only need to register once to submit, track and amend your application.

Register for eservices

Prepare your documentation

You will need to include with your request:

• a current copy of the Certificate of Title (not more than three months old), the title plan and any Covenants or Section 173 Agreements that are registered on the title – available from Landata
• a detailed description of the existing or proposed use or development of land
• site and elevation plans, if relevant
• any documents or evidence that will help us assess your proposal
• application fee.

Submit your application

If you have registered to use our online portal and have prepared all of the documents listed above, it’s time to submit an application online.

Apply

Next steps

After your request has been lodged, a member of the Planning team will assess it. We will contact you if we require more information.

We will either issue or refuse to issue the Certificate of Compliance. A refusal will be issued if any part of the use or development requires a planning permit or is prohibited under the Nillumbik Planning Scheme. This includes not meeting the existing use right requirements of Clause 63.

This process usually takes up to 30 days. In some cases it may take longer, for example if further information is needed.