Browse Forums General Discussion 1 Feb 13, 2019 9:14 am I have seen so many different replies to this - hoping to get a current answer which may or may not change when interims get phased out at the end of the year. We built a new house and moved in last November on an interim OC. We had 2 items which stopped us getting Final OC: 1. We had a step down from our side laundry door that needed some stairs - we got interim by screwing the door shut 2. Our plans stated landscaping to be completed by owner so we had to submit a landscaping plan with our DA and the certifier wants it done exactly to the plan. The problem is after we submitted our DA, the land developer changed the location of easements which resulted in our house being positioned differently on the lot. It makes the space outside the laundry door unusable so we are happy to just keep that bolted shut instead of stairs straight into a fence and the different positioning of the house has changed what we did for our landscaping as we had more room on one side and less on the other. We have no intentions of selling - and I have ready you only need final OC if you sell within a certain times (have read both 1 year and 7 years) - does anyone know if there is truth to this and any downsides of not having final OC Re: Do I need a final OC 2Feb 18, 2019 8:48 pm Hello Mooch88, A final occupation certificate should always be obtained if you can, however, you are not committing an offence. The following advice is only relevant to NSW. It is common for diligent solicitors/ conveyancers to request a copy of the final occupation certificate when the property is being sold. If a copy is not available, some solicitors/ conveyancers may request you obtain a building information certificate from the local Council. A building information certificate is a certificate confirming that the local Council will not serve you with an Order to demolish or alter the building for at least 7 years. In your circumstance, most local Council's would probably insist that the laundry stairway is constructed before a building information certificate is issued. It is an offence to occupy any part of a new building unless an occupation certificate has been issued pursuant to Section 109M of the EP&A Act. Fortunately, you have an interim occupation certificate so you are not committing an offence. The 1-year timeframe you may have read about relates to the limit of the offence provisions. If you do not obtain an occupation certificate and get away with it for 12 months, you are no longer guilty of an offence. That is to say, the Council cannot issue a penalty notice, however, they can still take other regulatory action such as issuing an Order to alter the building or complete works. Please note the laws are have amended, although not commenced in NSW to close these loopholes. Shortly, you will only be able to obtain a final occupation certificate and the time limit of the offence will be removed. Regards, i would suggest nothing is unreasonable for PCI. we did all sorts, including checking the hot water, checking all the GPO's had power, testing that the showers were… 9 98695 Hi, I am approaching end of the build. My final invoice will be given to me soon to pay. Some context before I ask my question. 1. My builder wont do the landscaping or… 0 3870 regardless, your contract stipulates a payments schedule and SOPA doesn't give provision to that scenario. Your contractual terms appear to stand. Hence get a lawyer, it… 4 11880 |