Granny Flat builder says the Occupation Certificate is not their responsability

Hi All, I need some guidance with this problem.

I built a Granny Flat in Central Coast with a Granny Flat company.

The Granny Flat is finished and the Occupation certificate is the only thing left.

The Certifier did the final inspection and was happy with everything but he said that they need to get a water certificate from the council in order for him to provide the Occupation Certificate.

The Granny flat company said they will let the plumber know to sort this out but from their point of view, the Granny flat is completed and their job is done.

I explained to them that not having the Occupation Certificate doesn't allow me to rent it out and since there is a loss of rent clause in the contract we signed, I want to make use of it.

They also said that I don't need the Occupation certificate to rent it out and that their job is done, because now is a problem with the certifier which is not part of their team, so they don't have to pay.

I need help here in to how to move forward with this.

1. Should I go to fair trading or maybe are they correct in what they are saying about not being their responsibility?
2. It's true what they said, that I can have a tenant in, without the Occupation Certificate?

Thanks!

 

Yes, your builder should be providing the plumbing certificate as well as any other certificate required for the build.

As you arranged the certifier, it becomes your responsibility to collate all of the certificates (slab/frame/roofing/electrical/water compliance etc inspections, waterproofing, termite treatment etc) to provide to the certifier to sign off on the occupancy certificate.

Have you made the final payment and released the bond? That will be your leverage.

 

Thanks Scott,
can I make them accountable if they didn't release the plumbing certificates on time to claim for the loss of rent clause?

Unfortunately I wasn't aware of this key missing part and I made my final payment already