Apartment Building Completion Notices & Audits

If you build Class 2 buildings you need to be across this.

Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020

The Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020 (the Act) commenced 1 September 2020.

The Act requires that a builder or developer of a Class 2 building (apartment building), or a building with a Class 2 part, must provide the Department of Fair Trading six months’ notice before making an application for an Occupancy Certificate (OC).

Once you give notice that you’ve applied for an OC, the Department can inspect the building prior to the issue of an OC and;

  • direct a person to provide information and/or records;
  • direct a person suspected of having knowledge of required information to answer questions with respect to those matters;
  • enter any premises without a warrant, unless those premises are currently resided in; and
  • direct a developer to carry out building work at a specified time or in a specified manner.

A prohibition order to delay the issue of an occupation certificate can also be made, and the Department may also give a “building work rectification orders”.

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The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

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