Occupation certificate and registration of strata

Hello all,

I've just found this forum and find it's quite useful.

I've just purchased my first property recently. It is an off the plan purchase but the construction has completed already.

I was told that the strata is registed a couple of days ago. But they are still waiting for the OC. Is it possible that the strata is ready but OC is not? I tried to search online but found nothing. From most of the posts on the forum, it seems like for off the plan properties, always it's OC gets issued before strata registration.

I'm just being overly concerned given the current market and the dodgy vendors. sorry if I have offended anyone but I just feel like I cannot trust the agent or the vendor.

Thanks for reading.

Cheers,
MMK

 

Have you spoken to your solicitor?

 

Untitled land can't settle until titles are issued, construction can't start until then if it requires mortgagee consent.

Nor can anyone else, agents have a low trust issue in the community. Maybe it's better to buy from a pharmacist as they have a high level of trust in the community.

 

Hahaha... and my purchase was actually through multiple agents, and all of the three parties got a little commission. Anyways, I guess I didn't make myself clear - in terms of Occupation certification and reigistration of strata, which one usually comes first? Are they related to each other?

 

No, they're independent. Land title office vs council for the OC.

 

in this order,

final OC goes with Strata Plan to, council, or private strata certifier. which ever it may be.
council will not sign the plan certificate until they have the OC

then return the originals to your Surveyor or whoever will be lodging to LRS (Dept Lands)
Surveyor will not lodge the plan until council has signed the subdivision certificate.
(well they can but it will just get rejected, and you're hit up for another fee)

wait a few weeks for registration and titles created

 

valid concern

 

Thanks @bmc & @Scott No Mates

Guess my only option now is to wait then. I'm sure the strata plan has been registered because I can see the lot has changeed to SPXXXXX on Six maps and that was what the agent told me. They also told me that they are waiting for the OC, which means if there are any defects or non-compliance, I can still be waiting for months until the issue gets rectified and then OC will be issued?

 

You will be notified when the OC is issued, they will send you a 14 day notice to settle.

Time to re-check your loan approval.

 

something doesn't quite add up. Are you sure the plan is registered ?

if you PM me your lot details i can look up to see when (if) it was registered.

Was an Interim OC issued ? They are usually only valid for 12 months.
In turn a Final OC will need to be applied for and is generally required to ensure insurance coverage

Maybe try looking up on councils DA Tracker website. usually all the submitted documents are listed.

An Occupation Certificate verifies that either the Council or a Private Certifier as the Principal Certifying Authority (PCA) is satisfied that the building is suitable to occupy and/or satisfies the relevant requirements of the Building Code of Australia (BCA). therefore allowing a person to occupy and use a new building.

see mandatory items for subdivision certificate application:

 

Plan Number: SP9####
Plan Purpose: STRATA PLAN
Plan Registration Date: 15/8/2019
Signature/Admin Sheet: Y
Section 88B Easement: 3
Developers By-Laws: Yes

 

Thanks

So back to my question, till now OC is still not ready, which means there might be something dodgy happening or are they still fixing some issues?

 

PM sent

 

Thanks for that. Appreciate it

 

Lot of the info in this thread is incorrect or irrelevant for NSW
Im assuming OP is in NSW based on location and section 88b

Strata subdivision can be done before oc (pending da conditions) and lot of surveyors actually recommend commencing the subdivision after lockup of the building (have heard few saying slab stage even) Ive seen many DA's where OC is not a condition.

it is quiet normal to have the strata subdivision completed long before the building is complete.

In saying that as a buyer I would not accept settlement of the property until OC issued unless you are aware of the outstanding issues and have negotiated this with the seller.

 

Thanks @gach2

That sounds like the case. I can see that the building was completed long time ago - probably 6 months ago. The settlement is likely to be delayed due to OC, not sure till when. I haven't checked with the vendor or council. Would you please share any common issues with final OC for apartment buildings? I couldn't think of any major issues, drainage, fire safety, or?

 

absolutely incorrect.
the building must be completed.


kind regards,
land surveyor

 

My strata certificate issuer said he recommends commencing the process after slab (although that might be due to the redefination plans that need to be done as well)

Mine was issued after lockup but just before handover and I got the final OC 3 months later

 

I have never built nor bought an apartment so cannot comment
Usually a certifier will inspect and give a list of outstanding things that need to be completed to get final OC
Being an apartment wait till the OC is issued prior to settling (if it was a standalone house it would be different)

 

we can commence the boundary definition early on of the development.
The boundary definition is paramount when setting out the new building otherwise you may not meet your approved setbacks. A redefinition plan is only required when the underlying DP is too old and / or unreliable.

I will not sign the subdivision certificate until I'm satisfied the main building has been substantially completed. and there are no encroachments (see item 2.)
also i must verify the areas to be shown on the final strata plan.
you cant do this unless the walls have been constructed.

the whole premise of a strata plan boundary is defined by the structure.
distances from constructed walls are shown on the locality sheet and may also be used to define interlot boundaries

part of the final compliance will generally be the confirmation of setbacks, WAE of drainage, height limits, creation of easements, positive covenants, "restrictions as to user" or as the case may be.