Apply for a Certificate of Compliance

A Certificate of Compliance is most often used to confirm the Existing Use Rights (EUR) of a site or premise.

EUR is established where it can be demonstrated that a use which otherwise requires planning approval but does not benefit from such has been in operation for 15 years or greater. This is subject to the provisions of Clause 63.01 of the Ballarat Planning Scheme. This clause states:

• An existing use right is established in relation to use of land under this scheme if any of the following apply:
• The use was lawfully carried out immediately before the approval date [the gazettal date of the Ballarat Planning Scheme being 26 November 1998].
• A permit for the use had been granted immediately before the approval date and the use commences before the permit expires.
• A permit for the use has been granted under Clause 63.08 and the use commences before the permit expires.
• Proof of continuous use for 15 years is established under Clause 63.11.
• The use is a lawful continuation by a utility service provider or other private body of a use previously carried on by a Minister, government department or public authority, even where the continuation of the use is no longer for a public purpose. 

View the Clause 63.08 ALTERNATIVE USE

View the Clause 63.11 PROOF OF CONTINUOUS USE

The following documentation may assist in demonstrating EUR:

• Dated photographs showing the use of the site/premise;
• Rates notices showing the land use type of the site/premise;
• Dated real estate documents;
• Business receipts (for commercial uses)

An application for a Certificate of Compliance is used to confirm if an existing or proposed use or development complies with the requirements of the Ballarat Planning Scheme and as such does not require planning approval.

Please submit your application via eServices below and pay the subscribed fee – Summary of planning and subdivision fees (Planning fees are dependent upon the application type and nature of the proposal. Fees are updated on 1 July each year by the State government).

Apply for Certificate of Compliance

For any queries regarding the process:

• Email: planninginfo@ballarat.vic.gov.au
• Phone: 53205500