Certificate of Occupation

Hi All

Hoping people with some excellent knowledge can give me an answers or fill in some gaping holes in my understanding.

Does anyone know the potential legal ramifications in NSW of a building that has no certificate of occupation??

We are under contract with a off the plan unit and apparently due to the builder f'nkg up a few things or not having the proper permits in place prior starting to build a certificate of occupancy cant be granted.

I would love to hear from peoples understanding of it especially if they can either point me to documents explaining it or come from a back ground of building/or are building surveyors/certifiers or have knowledge from insurance company's regarding this.
 
The Contract should include a requirement to provide an OC in order to grant PC and make final payment

The issue is that you have probably already parted with progress payments to get this far.

Do you have details on what the issue is as I find it hard to believe an experienced builder would make such a major mistake?
 
If you don't have a lawyer yet, I think you need one, if there's any real prospect of no CofO being issued. This will mean you are unable to legally live in the apartment, or rent it out. You won't be able to get insurance, and the lender will likely call in the mortgage.

It's potentially catastrophic. You need good legal advice, immediately.
 
Thanks. I tend to agree.
It was bought off the plan. So we have only paid a deposit. We have however paired for blinds and already have a tenant in (developer is currently taking the rent):rolleyes:. We gave the go ahead for a tenant to be put in over 3 months ago however due to release of title not able to be issued as soon as what we were told it would be (more builder antics) there has been a big delay.
Our solisitor tells us we can rescind the contract as its in the contact to supply cert of occupancy.
Currently I have been told by the agent that the lack of cert of occupancy was due to the builder building a deck not on the DA. Which was reason for delay in title being released. The DA had to be amended to reflect the built deck. This is apparently the reason why no cert of occupancy can be given. Though this doest really sound right to me. I'm trying to talk to the building surveyor/certifier to get the real answer...
 
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