(1)  Before a proposal for which a council's certificate of approval is required is registered or otherwise carried into effect, the applicant must apply to the council for the area in which the site (or proposed site) is situated for a certificate of approval.

(2)  The application must be accompanied by –

(a) any sketches, plans or models necessary for a proper understanding of the proposal; and

(b) any prescribed documents; and

(ba) evidence, satisfactory to the council, that is sufficient to enable the council to be satisfied as to the matters specified in subsection (3) in relation to the application; and

(c) the prescribed fee.

(2A)  The council must, within 30 business days after the day on which it receives the application, issue, or refuse to issue, a certificate of approval in relation to the application.

(2B)  The council may –

(a) within 15 business days after the day on which it receives the application, give to the applicant notice in writing specifying that the council requires further information in order to determine the application; and

(b) within 8 business days after the day on which it receives further information requested under paragraph (a) or subparagraph (ii)  –

(i) decide that the information is satisfactory; or

(ii) give to the applicant notice in writing specifying that the information is not satisfactory and require the applicant to provide further information necessary to satisfy the council.

(2C)  The period of 30 business days referred to in subsection (2A) does not run in relation to an application during the period beginning on the day on which a notice is given by the council under subsection (2B) in relation to the application and ending on the day on which the council receives from the person who made the application information that it decides is satisfactory.

(3)  Before issuing a certificate of approval, the council must satisfy itself –

(a) that any requirements of a planning scheme under the Land Use Planning and Approvals Act 1993 have been complied with; and

(b) if the proposal involves building work, that certificates for the relevant buildings have been issued under the Building Act 2016 ; and

(c) if the proposal relates to an existing building for which a change of use is proposed, that all requirements under the Building Act 2016 for a change of use have been complied with and that there has been substantial compliance with all other requirements under that Act relating to the scheme and to any buildings existing at the date of the application and in particular with –

(i) any safety requirements, including provision for fire exits; and

(ii) requirements for sanitary facilities; and

(d) if the proposal relates to a lot without a building, that the proposal is capable of being carried into effect.

(4)  If the council refuses an application for a certificate of approval, the council must return any sketches, plans and models submitted by the applicant.

(5)  Where a permit for use or development is required, under the relevant planning scheme approved under the Land Use Planning and Approvals Act 1993 , for the proposed use of the lots, a certificate of approval may be issued only if –

(a) the required permit has been issued; and

(b) any separation of buildings would not contravene that planning scheme.

(6)  A council must refuse an application for a certificate of approval if the council reasonably considers that the proposal is for a subdivision within the meaning of Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 .