All Topics / Legal & Accounting / Help Needed council certificates

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  • Profile photo of WAFWAF
    Member
    @waf
    Join Date: 2003
    Post Count: 61
    July 25, 2004 - 11:32 pm

    Hi all,
    hopefully someone knows the answer. I recently purchased a house in Tasmania (owner built) just before settlement I learn that there is no council certificate of completion for the dwelling (it is owner built) the council has inspected the property and now there is a fair bit or work to be done before they will issue the certificate. I am trying to hold upp settlement and so far have done but who is responsible for doing the work? I naturally thought that if I was to buy a house there would be a certificate in place. To make things worse I have tenants ready to go in. Any ideas? (Before someone says it yes I will seek legal advice but thought someone may know the answer)

    Cheers

    Profile photo of MonopolyMonopoly
    Member
    @monopoly
    Join Date: 2004
    Post Count: 1,612
    July 26, 2004 - 12:09 am

    Hi WAF,

    I’m not a legal eagle hence this is mere guess work (so please bear with me)…..

    I would ASSUME that if the law states that a certificate of completion is required before occupation is permitted (Certificate of Occupancy???) that you have enough grounds to delay settlement until this certificate is issued, and it is the builder’s responsibility to ensure all work is done to bring the building up to speed!!

    Without knowing all the legal loopholes, I would say you have a good chance at not only delaying settlement, but also asking for compensation of rental lost as the result of not being able to take possession. I know that was the case for me personally, when my builder was late in supplying same!!

    Yes I know….[blink]

    Please seek professional legal advice!!!

    Keep us posted!!!

    Jo

    Profile photo of WAFWAF
    Member
    @waf
    Join Date: 2003
    Post Count: 61
    July 26, 2004 - 12:25 am

    Thanks Jo,
    that is pretty much what I thought, however I had not considered the compensation for lost rental income (thanks). Have asked a solicitor for legal advice as the RE who sold us the property thinks I should have to pay for the works [argue]. Will let you know what happens.

    Cheers [confused2]

    Profile photo of MonopolyMonopoly
    Member
    @monopoly
    Join Date: 2004
    Post Count: 1,612
    July 26, 2004 - 12:29 am

    Hi WAF,

    Yes please do let me know; I personally would be interested to hear how you fare in this, and I think it would be good for all in here to know as well.

    No offense to the RE, but he/she is an RE and unless they have legal knowledge, are just speculating.

    Good luck,

    Jo

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