Final Occupation Certificate

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Forums Strata law reform Final Occupation Certificate

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  • #46650
    Abbey
    Member

    Dear Amanda,

    The OC (NSW) have recently been advised by the builder that we don’t require a Final Occupation Certificate.  We are aware that NSW Environment Planning and Assessment Act 1979 removed the terms interim and final to be replaced by Occupation Certificate.  However, to date we understand that there has been no amendment.

    Can you advise the current status of the proposed amendment and how it affects the OC

    Are we still required to obtain a FOC given our building was occupied on the basis of an Interim Occupation Certificate 2 years ago?

    #48817
    Amanda Farmer
    Expert

    Hi Abbey,

    You’re referring to new Part 6 of the EPAA. This commenced on 1 December 2019.

    It only applies to development consents issued from that date onwards, so existing developments are still subject to the old provisions.

    It would be unusual for your building not to need a final OC, but there are exemptions. I suggest asking the builder/developer who their certifier is – or if you already know, contact that person – as they are the ones who issue these certificates and should be able to clearly explain to you what the legal framework is. If you have a copy of the interim OC, their name and details will be on it. Be sure to ask them to refer to the relevant section of the legislation they are relying on when they answer your questions.

    Amanda.

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