Apartment Building Completion Notices & Audits

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

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”.

Get Help Fast

If you’re caught in this process it is important to get the right expert advice fast. Our team of specialist Construction Lawyers at Roberts Legal are well versed in the new legislation, and ready to help.

By Ned Mortensen,
Principal, Senior Solicitor