Certificate of Occupancy

Most people believe, and most builders would have them believe, that when the Building Surveyor issues the Certificate of Occupancy (at the completion of their home) that it certifies that their home has been built in accordance with the Building Code, Regulations and Act’s; and even with their Building Contract.

FACT:-  Section 46 Effects of Occupancy Permits, of the Victorian Building Act 1993 states:- An occupancy permit is not evidence that the building or part of a building to which it applies complies with this Act or the Building Regulations.

The Building Commissions brochure Permits & Paperwork before, during and after building, goes further and states:- An occupancy permit will only be issued to you when items affecting health and safety are in place and fully operational. These include things such as the water supply, smoke alarms, safety glass, handrails and balustrades. It does not mean that all painting is done, that the carpet is laid or that all the fittings are installed, for example. An occupancy permit is issued when your building is “suitable to occupy” from a health and safety point of view. It is not a statement that all the building work is necessarily complete. Nor is it a certificate that states that all building work complies with the relevant legislation or contract.

So, your Certificate of Occupancy does not afford you the protection that most people believe, or are led to believe, that it does.