In recent news, many buildings have been found to be unsafe, uncertified and unsuitable for living. In short, Defective work has occured – work that has fallen short of a standard it was supposed to meet.  An occupation certificate, issued under the Environmental Planning and Assessment Act 1979 (EP&A Act) allows a person to occupy and use a new building or change the use of an existing building.

What is a final occupation certificate?

An occupation certificate verifies that the principal certifying authority is satisfied that the building is suitable to occupy or use in terms of the requirements of the Building Code of Australia (BCA). That Code sets required standards for the design and construction of various classes of building to protect health, safety and amenity.

A final occupation certificate allows commencement of either the occupation or use of a new building (including alterations or extensions), or the new use of an existing building resulting from a change of its use

Who can issue a certificate?

An occupation certificate is issued by a principal certifying authority (PCA). The PCA can be the council/consent authority or a suitably accredited private certifier.

Make sure that before you buy a new unit it has a final occupancy certificate as resale of the property in later years may prove to be difficult without one! If you are already living in a unit and unsure whether your building has a final occupancy certificate, contact us immediately.

Always seek professional advice before you sign any contract.

Our expert team of lawyers can provide you with more information and assistance in a building and construction related matter. Complete and submit an online enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.