Can a tenant move into a property without OC?

Viewing 9 posts - 1 through 9 (of 9 total)

Lenka
Participant
@lenkat
Join Date: 2016
Post Count: 12
March 26, 2018 - 5:24 pm
Can a tenant legally move into a newly built property without an Occupational Certificate?
What are my options?
The build was contractually completed 5 March, but no OC yet. Should the OC have been included and completed by the 5 March as well?
I have been given the keys to the house, the realestate agent has found tenants who want to move in.
Can I get an interim OC?
Can the tenants move in? What are the implications?
Any advice would be much appreciated.
Thank you.
Tools
Participant
@tools
Join Date: 2003
Post Count: 363
March 26, 2018 - 6:08 pm
No, they can’t. Surely obtaining the OC is a part of the builder’s contractual obligations?
Tools
Lenka
Participant
@lenkat
Join Date: 2016
Post Count: 12
March 26, 2018 - 8:45 pm
According to my contract
“The builder is not required to obtain any certificate of occupancy or final inspection certificate relating to the building works.”
So it looks like they don’t need to provide it, but now they are insisting that they need to obtain the OC before my tenants can move in. Hence the confusion and now I don’t know what my options are in getting a resolution.
Benny
Moderator
@benny
Join Date: 2002
Post Count: 1,416
March 27, 2018 - 8:33 am
Hi Lenka,
It would be good to provide a bit more info re “where you are”. I did a quick Google for “Occupational Certificate” and had a number of possibilities pop up. A couple of these mention NSW – is that where you are from?
One in particular mentions Bushfire Consultants issuing an OC after an inspection by them. Is THIS what you are wanting to get? The words themselves (Occupational Certificate) could apply to a myriad different possibilities.
Benny
- This reply was modified 6 years, 9 months ago by Benny.
Lenka
Participant
@lenkat
Join Date: 2016
Post Count: 12
March 27, 2018 - 8:59 am
Hi Benny,
the property is in NSW but not in a Bushfire zone. From what I understand from the builder, it’s got to do with insurance. If the builder does not provide the OC before someone moves into the property, they are still liable.
Terryw
Participant
@terryw
Join Date: 2001
Post Count: 16,213
March 28, 2018 - 8:51 am
I would say the builder is probably correct with this one.
Why did you agree to that clause saying they would not get the OC?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Ethan Timor
Participant
@ethantimor
Join Date: 2016
Post Count: 282
March 28, 2018 - 3:23 pm
What’s the delay with obtaining the OC?
If I were you, I probably wouldn’t place tenants in what is, officially, an ‘under construction’ dwelling. If something happens to them or their guests, it could get really, really nasty… 😞
Ethan Timor | Aligned Finance Pty Ltd
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Active Investor & Broker; Based in Northern NSW, servicing Australia wide; Author of '34 Proven Ways to Maximise Your Borrowing Power' (download free from our website)
Lenka
Participant
@lenkat
Join Date: 2016
Post Count: 12
April 2, 2018 - 12:53 pm
Terry, good question. I am putting it down to lessons learnt.
Lenka
Participant
@lenkat
Join Date: 2016
Post Count: 12
April 2, 2018 - 12:56 pm
Hi Ethan, the council inspection went well and the actual building is fine, they just need to install a back flow prevention device on the water meter and register it with council before the final sign off can be obtained.