FSC have recently been working on a state government project where we found some research that indicated that consumers for building work may not understand the difference between “suitable to occupy” and compliance. There is an important difference.
One of the problems is that “suitability to occupy” is not defined. So a building surveyor might not be able to tell you what it means either, but they will still be merrily issuing Occupancy Permits. The Building Commission in Victoria has issued a practice note to assist building surveyors to evaluate when they can issue an Occupancy Permit (or a Certificate of Final Inspection).
- under the Building Act 1993 (the Act) and Building Regulations 2006 (the Regulations); and
- under the Domestic Building Contracts Act 1995 (DBCA).
The Act is about minimum standards for compliance, whereas the DBCA regulates the rights and responsibilities consumers (usually owners of land) and builders under a contract for those works. Under the Act to be compliant and complete and for a building surveyor to approve the final inspection, the works must comply with the Act, the Regulations and the referenced Australian Standards. Under the DBCA for the contract to be complete the works must be in accordance with the drawings and specifications for the contract and an Occupancy Permit (or Certificate of Final Inspection) must be issued.
Here’s the list of items for a home to be considered suitable to occupy: