Occupation Certificate Question

Can someone please shed some light on the following...

We've been living in a newly built project home for 2.5 years. Built by one of the main builders in NSW. I went about making enquiries to get our Final Occupation Certificate (FOC), in case the need arises that we wanted to sell. I've since learnt after multiple calls to various companies, the builder has confirmed that we don't even have an Interim OC. I was shocked!! We've been living illegally for 2.5 years in this house...not to mention the potential insurance concerns!

Yes, their contract says in a very vague way that they aren't responsible for any certificate...typical! They've clearly highlighted in emails to me that it's been an oversight and have organised a certifier to come out within days of me raising the concern.

However, I'd like to know if there's a legislative responsibility for builders in terms of an interim OC? Basically before I send any curse and annoyed emails.

Any other advice or input I'd be very grateful!

 

From NSW Building Professionals website:

'At the end of construction, the property owner must apply to the principal certifying authority for an occupation certificate. The principal certifying authority will conduct a final inspection and issue this certificate if satisfied that the building is suitable for occupation or use. A building must not be occupied or used without an occupation certificate.'

What a certifier does | Building Professionals Board

 

Read what's in your building contact . It's usually the owner's responsibility to get the certifying authority, private or council to organise inspections to obtain OC. Usually you can obtain Interim OC before driveways and landscaping is complete .

 

Funny that Grip Twister...we have been living in the house for 2.5 years...there's nothing else to do...including driveways. I called council and they said M Builder were organising those certifications through a private company...called them they said...nothing done! Certifier since has been out and told us the M Builder has things unresolved from the plan ???

 

Usually there is a list of items that need to be completed before the PCA will issue the building safe to occupy ...Looks like the builder may have outstanding items. Get a list from the pca of what needs to be addressed before they will issue you the OC, then get onto the builder.

 

OK here's were it gets vague....and the reason I was asking for 'is there a legislative responsibility that lands with one party or the other when it comes to builders'...because you can't opt out of legislative responsibility. I've read the contract...it's vague...

Final Certificate
The builder is not required to obtain any certificate of occupancy or final inspection certificate relating to the building works.

 

That's pretty clear, means you are responsible to organise the PCA to get you your OC but the builder still needs to satisfy his legal requirements of building a home without defect. So if there are building issues resulting in your PCA not issuing you your OC then the builder needs to be made aware . 2.5 years later is a long time though ....

 

WE have addressed all the issues personally. The certifier that came on Tuesday has said that M hasn't addressed the requirements of the plan. Despite the Site Supervisor saying that had been addressed...all in emails!!!

 

Who is M?

 

I was told not to mention the name...so I called it M

 

Thanks everyone! I'm in between its our responsibility and M's responsibility...given we haven't burnt the house down yet thats probably a good thing!

 

M is a fictional character in Ian Fleming's James Bond book and film series; the characterized is the Head of the Secret Intelligence Service—also known as MI6—and is Bond's superior.Wikipedia

 

Your responsibility to get the certs but the builder also needs to do his part . Try to get the PCA to talk on the phone with the builders . It may end up needing a legal resolution worst case .

 

M as a builder was great, M after market.....crap house!

 

NO M is for Metricon!

 

oops I said it

 

Do other people want to talk about their experience with Metricon?

 

They probably all asleep now buddy . Only insomniacs awake now are us

 

I helped my parents find a builder in Adelaide. I inspected display homes built by M. In my opinion they were finished to a very poor quality. I figured if they could not be bothered getting a display home decent then my parents should not build with them. I suggested they build with Oakford, who built lovely display homes. Anyway, they built with Oakford and they love their house.