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ARTICLE · 14 NOVEMBER 2018

Occupancy Certificates – to occupy or not to occupy

Occupancy without an occupancy permit is likely to expose occupiers & owners to criminal convictions & significant penalties.

AustraliaReal Estate and Construction

Occupancy Certificates under the Building Act 2011 are important and failure to obtain one can lead to significant fines.

In the case of Wildan Properties Pty Ltd v City of Bunbury 2016 WASC 188 the Supreme Court held that occupancy permits (occupancy certificates) were very important documents and a failure to obtain an occupancy whilst continuing to occupy the building was very serious.

Her Honour Justice Pritchard considered that the point in time at which an occupancy permit must be sought – being at the culmination of the building process – was directed at ensuring that relevant building standards had been met, "in a streamlined, cost effective and expeditious fashion; and that members of the public can have confidence in those standards being observed."

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