Browse Forums General Discussion 1 May 08, 2022 11:45 pm Hi guys, I'm currently really confused at the moment and was hoping to get help from anyone who has experienced in this. We're currently looking at purchasing a newly built duplex in Sydney. Upon checking with the real estate agent and the contract, the property's settlement is subject to: Occupation Certificate, Section 88B and Plan Registration? From what I've gathered from the real estate agent, the occupation certificate will be issued early next week, and they'll shortly register the plan of subdivision and section 88B. Do you know how long this process generally takes and what can go wrong here? We're hesitant to place an offer as obviously if the registration of plan of subdivision and section 88B is delayed, so will our settlement and loan etc. Thanks guys! Re: Registration of Plan of Subdivision + Section 88B Proces 2May 09, 2022 9:45 pm We went through this when we bought a duplex 'off plan'. It can depend on what stage of the construction, subdivision and registration the builder/develop is at, which can vary through several weeks to a few months. Agents often say '6-8 weeks at most' and often full of s**t, but really it can vary a lot depending on how on top the builder/developer is with submissions and paperwork e.g. Has a certifier signed off the on the occupation certificate? i.e. the paperwork that allows someone to live in it Has a 88E/B already been submitted and signed off with the council, this can take some time if not all documentation has been and it can have a lot of back and forth which can go on forever. Have they issued the subdivision certificate? If it's been submitted to LRS with all the documentation that can take about 3 weeks based on the turnaround times on the website – then you're on the home stretch. I'm not a developer or anything but from the information that we went through when I was trying to keep track it was something like (and I could be wrong): 1. Surveyor final drawings of subdivision. Survey certificate of deposited plan 2. Occupation certificate is issued by council or private certifier. If all goes well builder/developer submits and gets OC registered with council (ours was about 2-3 weeks). 3. Developer/Builder submits of subdivision certificate application, OC, 88B easements, survey drawings (ours took about 6-8 weeks but depends on council). This is where the council signs off and approves the house numbers (e.g. 11 and 11a). 4. Developer/Builder submits signed forms to their bank (since they hold the title) to sign-off of deposited plans, 88B and subdivision (1 week) 5. This goes back to the developer/builder (sometimes their solicitor) who then submits it to LRS to get new titles for the subdivision (3 weeks). 6. Notified when settlement will happen. This is all in the best case scenario which we were fortunate with after a long period of looking at other 'off-plan' duplexes which weren't even close in the subdivision process in some cases. You can ask the bank to extend your loan offer, but if the registration is very far behind you will need to go through the loan approval process again. Re: Registration of Plan of Subdivision + Section 88B Proces 3May 09, 2022 9:51 pm Thank you, you're amazing! I believe the occupation certificate will be issued tomorrow, so it looks like they still need to do Step 3 (this is the one I'm wary about). I'm not sure if it's just the real estate agent trying to close the sale (it seems like it!) or the contract being misleading, but it's like they're ignoring step 3 and pretending like they're at step 5 (by saying it's just the plan of Subdivision that needs to be submitted, but not the subdivision certificate being issued?). I've asked our solicitor to confirm but it's all very confusing Did yours go through without any issues? May I ask which council it was as well? Re: Registration of Plan of Subdivision + Section 88B Proces 4May 09, 2022 10:05 pm Ours was with Parra and honestly we pulled out of two off-plan duplex purchases because of the crap real estate agents tried to pull. In those two, we put in a clause in the Special Conditions saying that 'if registration is not done by 3 months, the buyer has the right to rescind the contract and return full deposit' or something along those lines. Obviously the vendor needs to agree to that. Have a read here of the subdivision certificate https://pp.planningportal.nsw.gov.au/po ... ertificate
Yeah agents will always say the same thing - we've heard the OC and then subdivision (which apparently takes '4 weeks'). I will say that ours was actually smooth and according to proper timelines. I will mention also, that private certifiers can issue interim occupation certificates which sometimes agents will say 'you can move in under a license agreement' while all the registration is being done. Even though interim OCs are being phased out, some councils still accept them. I apologise for any confusion, but your understanding is correct. We approached our situation differently based on advice from… 11 53653 Thanks very much! And would the landscaper/contractor generally involve the engineer or is that something the client would do? Thanks for your help 2 10142 The most definitive answer to your question James is this taken from the James Hardie Axon Cladding Installation Guide - i just happen to have it… 5 3777 |