A New Process for Occupational Certificates
Recent legislation for strata development underwent reforms for NSW residential apartments that are currently in development, design or being built. Such is the case when residential dwellings have been the subject of scandals - as seen in the Opal Towers dispute.
Compliance to these changes are expected to be done in full implementation with the process of registration, certification and constant checks. Construction activity with regards to these areas are regulated by the Home Building Act (NSW), Strata Schemes Management Act 2015, Residential Apartment Buildings (Compliance and Enforcement Powers) and Design and Building Practitioners Act 2020 (NSW) that commenced last 11 June 2020.
In the midst of all of this, one legislation has a necessary element of construction coming to an end by 1 March 2021: the occupation certification. The occupational certificate permits the use of the construction building and allows the completion of the construction contract.
After this date, the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No. 9 will then impose a stricter process on a developer, who wants to obtain the occupation certificate. Existing qualifications have been listed under the Environmental Planning and Assessment Act of 1979.
Developer, according to the Residential Apartment Buildings (Compliance and Enforcement Powers), is a broad term referring to the different roles of contractual responsibility:
- The Principal under a head contractor
- The owner of the land that the construction takes place
- The head contractor
People fulfilling the above roles in a contract should be aware of the requirements, such as submitting an expected completion notice to the Secretary of the Department within 6 to 12 months prior to the expected date. If the expected date has been changed due to unforeseen and/or deliberated reasons, an expected completion amendment should be issued within seven days after being aware of the change.
Resource: https://www.lexology.com/library/detail.aspx?g=38496815-7b19-4ef8-85a3-2af895536e18