Final Occupation Certificate

Discussion in 'The Buying & Selling Process' started by alxa, 15th Apr, 2024.

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  1. alxa

    alxa Member

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    14th Feb, 2022
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    Location:
    NSW
    Looking to sell my house in the next two months. House was built in 2014 and received interim occupancy certificate. Items to be completed were the driveway, concrete landing from the back sliding door and retaining. All of this has been completed, however never bothered getting the final certificate. I’ve since been quoted close to $3,500 to have it issued.

    Is anyone (conveyancer/real estate agent) able to advise whether I should get this done?
    I understand it’s not compulsory in a contract of sale, though can it possibly impact the sale if I don’t have it?

    In summary is worth paying $3500 for? Or forget about it?
     
  2. gach2

    gach2 Well-Known Member

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    Only an assumption but being over 7 years I don't think its necessary? Don't think anyone would check the plans and if they did it all matches anyway (assuming you completed whatever was required)
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Thats a dangerous assumption. Discuss with your soliictor. Imagine a buyer who does a legal check and finds there is no lawful right to occupy. Lets assume too a illegal or non-compliant build or issues with it. Ironically few buyers (or none) make a contract "subject to legal advice". A soliictor knowing the issue may recommend the buyer take out title insurance for protection. Its cheap for what it offers a buyer
     
    MyPropertyPro likes this.
  4. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    Agree with this. We'd be able to find out very quickly that you were the owner who did the build and one of the first things we'd ask for is the final OC. 2-3 owners down the line, records get lost but if you're the owner who built it there's no reason the paperwork shouldn't be in order. It would be a red flag for us.

    If it were me selling it, I'd feel that $3500 is peanuts to make sure I retained ALL buyers, which will potentially increase the competition for the property, and therefore the sale price. All it takes is for one or two buyers to drop off by getting skittish about lack of paperwork and you can lose all leverage.