Occupation Certificate. Promptly after completion of the Tenant Works the Tenant must give the Landlord a Final Occupation Certificate for the Premises.
Occupation Certificate. (a) The Developer must ensure that, on the date of transfer of the Contribution Land in accordance with clause 1.2 of this Schedule 5 or acquisition of the Contribution Land in accordance with clause 1.3 of this Schedule 5:
(i) all works and fit out of the Contribution Land are complete so that the Contribution Land is fit for purpose and able to be occupied and used as an Affordable Housing Unit; and
(ii) an Occupation Certificate has been issued for the Contribution Land authorising its occupation and use under the EP&A Act.
(b) If the Contribution Land is transferred to Council without the Developer first obtaining an Occupation Certificate, then Council can obtain the Occupation Certificate itself at the Developer’s cost and may call on any Bank Guarantee provided under Schedule 10 of this Deed to recover the cost of doing so.
(c) If the Council is unable to obtain an Occupation Certificate under paragraph (b) of this clause, because any works to the Contribution Land are incomplete or defective, the Council may give a Rectification Notice under clause 1.24 of Schedule 4 requiring the completion of those works or rectification of those defects, as well as requiring the Developer to obtain an Occupation Certificate for the Contribution Land.
1. Notice of breach
Occupation Certificate. 9.1. An Occupation Certificate can only be issued by the PC.
9.2. The appointer(s) acknowledges and accepts that the occupation or use of the whole or any part of a new building, or change of an existing use/classification, must not occur unless an Occupation Certificate has been issued in relation to the building or part.
9.3. The appointer(s) acknowledges and accepts that the contains penalty provisions for use or occupation of a building absent a validly issued Occupation Certificate. The appointer(s) acknowledges and accepts that liability for occupation or use of the whole or any part of a new building, or change of an existing use/classification, rests with the appointer(s).
9.4. Where legislation permits, and the appointer(s) wishes to use or occupy a completed part of a building, an application may be made to the PC for an Occupation Certificate. Applications will be considered in accordance with the requirements of the Environmental Planning and Assessment Act 1979, the Development Consent, Construction Certificate or Complying Development Certificate, Building Code of Australia and relevant Australian Standards.
9.5. Hills Certifiers’ Occupation Certificate fees include or provide for the consideration and issue of one Occupation Certificate only. In circumstances where legislation permits, and the appointer(s) applies for or is issued an Occupation Certificate for a completed part of a building, an additional fee will be payable for the Final Occupation Certificate. Inspections required to determine the Occupation Certificate may attract an additional fee. It is a requirement of the EP&A Act 1979 that a final Occupation Certificate must be obtained within five (5) years of the issue of an Occupation Certificate for a completed part of a building.
9.6. The appointer(s) acknowledges and accepts that works that are not consistent with, or are carried out not in accordance with the relevant Development Consent, Construction Certificate, Complying Development Certificate, or the Building Code of Australia, may result in the PC refusing to issue an Occupation Certificate.
Occupation Certificate. The PCA shall only issue an Occupation Certificate for the building works when the PCA is satisfied that: The health and safety of the occupants of the building have been taken into consideration where an interim occupation certificate is being issued, and A current development consent or complying development certificate is in force for the building, and If any building work has been carried out, a current construction certificate (or complying development certificate) has been issued with respect to the plans and specifications for the building, and The building is suitable for occupation or use in accordance with its classification under the A fire safety certificate has been issued for the building, (if required) and A report from the Fire Commissioner has been considered (if required).
Occupation Certificate. 9.1 An Occupation Certificate can only be issued by the Principal Certifier.
9.2 The appointer(s) acknowledges and accepts that the occupation or use of the whole or any part of a new building, or change of an existing use/classification, must not occur unless an Occupation Certificate has been issued in relation to the building or part.
9.3 The appointer(s) acknowledges and accepts that the Environmental Planning & Assessment Act 1979 contains penalty provisions for use or occupation of a building absent a validly issued Occupation Certificate. The appointer(s) acknowledges and accepts that liability for occupation or use of the whole or any part of a new building, or change of an existing use/classification, rests with the appointer(s).
9.4 Where the appointer(s) wishes to use or occupy an incomplete development or building, an application may be made to the Principal Certifier for a Part Occupation Certificate. Applications for Part Occupation Certificates will be considered in accordance with the requirements of the Environmental Planning and Assessment Act 1979, the Development Consent, Construction Certificate or Complying Development Certificate, Building Code of Australia and relevant Australian Standards.
9.5 The appointer(s) acknowledges and accepts that works carried out not in accordance with the relevant Development Consent, Construction Certificate, Complying Development Certificate, or the Building Code of Australia, may result in the Principal Certifier refusing to issue an Occupation Certificate.
Occupation Certificate. 9.1. An Occupation Certificate can only be issued by the PC.
9.2. The appointer(s) acknowledges and accepts that the occupation or use of the whole or any part of a new building, or change of an existing use/classification, must not occur unless an Occupation Certificate has been issued in relation to the building or part.
9.3. The appointer(s) acknowledges and accepts that the Environmental Planning & Assessment Xxx 0000 contains penalty provisions for use or occupation of a building absent a validly issued Occupation Certificate. The appointer(s) acknowledges and accepts that liability for occupation or use of the whole or any part of a new building, or change of an existing use/classification, rests with the appointer(s).
9.4. Where legislation permits, and the appointer(s) wishes to use or occupy an incomplete development or building, an application may be made to the PC for an Interim Occupation Certificate. Applications for Interim Occupation Certificates will be considered in accordance with the requirements of the Environmental Planning and Assessment Xxx 0000, the Development Consent, Construction Certificate or Complying Development Certificate, Building Code of Australia and relevant Australian Standards.
9.5. Hills Certifiers’ Occupation Certificate fees include or provide for the consideration and issue of one Occupation Certificate only. In circumstances where legislation permits, and the appointer(s) applies for or is issued an Interim Occupation Certificate, an additional fee will be payable for the Final Occupation Certificate. Inspections required to determine the Occupation Certificate may attract an additional fee.
9.6. The appointer(s) acknowledges and accepts that works that are not consistent with, or are carried out not in accordance with the relevant Development Consent, Construction Certificate, Complying Development Certificate, or the Building Code of Australia, may result in the PC refusing to issue an Occupation Certificate.
Occupation Certificate. An Occupation Certificate must be obtained prior to the occupation or use of a new building (or part of a building) or prior to the change of an existing building use/classification. If the building works do not comply with any part of the Development Consent, Construction Certificate, Complying Development Certificate, BCA or other relevant standards of construction this may result in a refusal to the issue of an Occupation Certificate. To enable Council to consider issuing an occupation certificate you will need to submit an occupation certificate application form including all relevant attachments. A copy of the form can be found on Council’s website. Notwithstanding this, acceptance of this agreement constitutes an application to the Principal Certifying Authority for an interim or final occupation certificate. Prior to the issue of an occupation certificate the Principal Certifier is required to ensure compliance with the provisions of the Environmental Planning and Assessment Xxx 0000 and conditions of development consent including the submission of fire safety certificates where applicable.
Occupation Certificate. The PCA shall only issue an Occupation Certificate for the building works when the PCA is satisfied that:
a) the health and safety of the occupants of the building have been taken into consideration where an interim occupation certificate is being issued, and
b) a current development consent or complying development certificate is in force for the building, and
c) if any building work has been carried out, a current construction certificate (or complying development certificate) has been issued with respect to the plans and specifications for the building, and
d) the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and
e) a fire safety certificate has been issued for the building, and f) a report from the Fire Commissioner has been considered (if required).
Occupation Certificate. You must obtain an occupation certificate before the occupation or use of a new building (or part of a building) or following the change of an existing building use/classification. Penalties apply under the EP&A Act for use or occupation of a building without a validly issued occupation certificate. Council will not accept responsibility for any damage or cost associated with its ability to issue an occupation certificate due to (but not limited to) the following: (i) Non-compliance with a condition of development consent (ii) Unsatisfactory final inspection (iii) Non compliance with BASIX commitments (iv) Missed critical stage inspections or other inspections (v) Non compliance with development consent or construction certificate approved plans or documentation (vi) Failure to pay the required inspection or occupation certificate fee
Occupation Certificate a. The EPA Act requires an Occupation Certificate to be issued by the Certifier prior to a building or part of a building being occupied, including an application for the “change of use” of a building.
b. Council’s Certifiers have the discretion to issue an Occupation Certificate for a completed part of a partially completed building.
c. Council’s Certifiers have the discretion to issue a Final Occupation Certificate. The decision will be dependent on compliance with all legislation requirements including but not limited to, completion of critical stage inspections, compliance with development consent and provision of any required documentation in support of the construction of the development.
d. Council’s Certifiers may require written third-party certifications for various components of the building or development to enable the issuing of an Occupation Certificate.
e. The issue of an Occupation Certificate may be refused where breaches to an approval have occurred including but not limited to, where critical stage inspections have been missed without substantial justification; where relevant HBCF Insurance or Owner Builder permits have not been obtained; where the construction is not in accordance with the approved plans and specifications; where suitable documentation has not been provided demonstrating compliance with a relevant standard or required works have not been completed.
f. Additional fees may be payable where multiple inspections are made.
