Browse Forums Building A New House 1 Sep 29, 2016 7:14 pm Hi Everyone, We were advised by our builder and had our prehand inspection and settlement booked for tomorrow, but now because the following, we are not sure we should settle because of some new development that we were not aware until today. (1) Just found out from the private certifier this afternoon that we can not get either Interim Occupation Certificate or Occupation Certificate because the inspection report from the certifier as following, which was sent to our builder/SS a month ago and builder/SS did not tell us until I made inquiry to the certifier and found out myself: For Interim Occupation Certificate – Unsatisfactory Driveway grated drain to be installed. – Unsatisfactory Complete steps to laundry and ensure height complies with BCA (Max 190 mm) and they are constant. – Unsatisfactory Complete installation of driveway to garage. – Unsatisfactory Complete installation of councils crossover & layback. – Unsatisfactory Complete all steps to dwelling and ensure height complies with BCA ( Max. 190mm) and they are constant. – Unsatisfactory For Final Occupation Certificate - – Unsatisfactory Complete installation of approved retaining walls. – Unsatisfactory Complete installation of approved soft landscaping. – Unsatisfactory for point (1): a)what exactly are the listed issues and what need to done to address the issues as we have not had a chance talking to the certifier and builder this evening. we are not sure what exactly need to be done and how long will take in order to get at least the interim occupation certificate, and we were planning to move straight in after handover from the rental property we are living at the moment. b) we initially thought we could get interim occupation certificate to move in and then do driveway and crossover etc, but were shocked to see that we have to do these first before we can get interim occupation certificate and we were never once advised by the certifier or builder we need to complete these items first until today, does this sound right, shouldn't the builder/SS let us know once they have the report? c) some items such as "Complete all steps to dwelling and ensure height complies with BCA ( Max. 190mm) and they are constant", isn't the builder suppose to make sure they have done and complied during the build rather than we/owner are responsible as it did not mention we owner have to do this in the contract? (2) still waiting for engineering certificates for bricks overhang around the house, the reports were promised a month ago, but still no sign of them, and the builder's reason being: - "due to addition edge beam sparging, and once completed engineering will re-inspect and issue engineering certificates . The edge beam sparging part is news to us as we were not told until yesterday. for point (2): we have some concerns whether there are hidden structural problems as we are still yet to receive the engineer's certificates and we are expect to hand over and settle the house tomorrow. Please any advice / input is welcome as we are shocked to find out point (1) as we expect to move in straight after hand over because we are renting at the moment, and we have some concerns related to structure of the house in regards to point (2), and hence have a feeling maybe we are rushed to settle by the builder. Should we delay tomorrow's settlement or should we go ahead? any advice please! Thanks you very much KKPP Re: Occupation Certificate & Interim Occupation Certificate 2Sep 29, 2016 9:15 pm Most of the items mentioned although unsatisfactory aren't related to the occupancy permit. See this link for the typical occupancy permit items https://anewhouse.com.au/2012/02/10-thi ... cy-permit/ I see plenty of houses where the driveway isn't completed for several months. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Occupation Certificate & Interim Occupation Certificate 3Sep 29, 2016 9:28 pm Thanks for the link! ours is a private certifier, can we change to another private certifier or change to council or get a second opinion from another certifier in regards to interim occupation certificate? What are the procedures to follow to get another opinion? Thanks KKPP Re: Occupation Certificate & Interim Occupation Certificate 4Sep 29, 2016 9:40 pm In someways your certifier seems to be playing hardball with the builder which could be to your long term advantage as far as the defects being sorted out. Its much easier to get the builder to attend to defects before they get the money. If there are things like driveway you want to do later make the certifier aware of that. Even if you are going to wait to do the driveway you still need to make sure that there is no water ponding next to the house. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Occupation Certificate & Interim Occupation Certificate 5Sep 29, 2016 10:01 pm Thanks very much. Driveway is actually not part of the contract, we are planning to do driveway after we move in because we are currently renting and lease expiring very soon. Are we entitled to do driveway after move in first? We are very surprised that we have to do driveway first before we can move in; and very stressed because we need to move out soon. Can we challenge the certifier in regards to requesting us to do driveway and crossover as condition for interim occupation certificate ? or can we change to a different certfier or council etc to get second opinion? KKPP Re: Occupation Certificate & Interim Occupation Certificate 6Sep 29, 2016 10:11 pm I would speak to your certifier first. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Occupation Certificate & Interim Occupation Certificate 8Dec 10, 2018 8:47 am I am not familiar with NSW but the general advice is to talk to your certifier to ascertain what exactly the problem is. It seems to be a mixed bag of things to be done by the builder and things to be done by you. If you were in Vic your builder could not ask for a final payment unless the occupancy permit is presented to you first. Therefore no settlement. I would imagine NSW would be similar. It seems there is no proper communication between you and the builder as the information was withheld from you, try to fix that. If the issues escalate get your own building consultant to assist you, who is going to check for: unfinished work, defective work, non compliance, non conformance with the contact and reconciliation of contract adjustments? Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Hi Simeon, Thank you for laying it down for us. Makes sense. Appreciate it very much. Have a nice day. Cheers 2 9003 Please read what the conditions are when receive final payment invoice. 2 6633 Joe, it depends on your certifier but we are noticing the ones we deal with are really cracking down. So i would recommend you follow your approved landscaping plans to… 4 10961 |