Reply To: Direction to fix (continuing topic form old site)

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Marcus Collard


Firstly an OP is a separate permit from a building permit and can be issued where the building work is incomplete. The first issue is that a Final Inspection has not been approved, an inspection to ascertain if the building is suitable to occupy may be undertaken. A DtF can be issued provided the building permit has not lapsed.
I don’t like issuing Occupancy Permits with conditions, the conditions are either never complied with or the OP is never amended to remove the condition. I would issue an occupancy permit with a covering letter explaining a DtF has been issued and needs to be complied with if I believed the building was suitable to occupy.

If the DtF is complied with in the time required you will be required to undertake a Final Inspection, but you are not required to issue a Certificate of Final Inspection, but must notify Council of the final inspection approval date. At this stage the OP should be amended to remove the condition.

If the DtS is not complied with in time you send it to the VBA and issue a Building Notice or Order on the owner.

The most important issue here is following up on making the work comply and taking the most appropriate action.

If the OP is being issued I would probably issue a Building Order for Minor Work to separate the two issues.