Certificates of Final Inspection and Occupancy Permits
Certificate of Final Inspection
A certificate of final inspection is issued after approval of the final inspection stage when an occupancy permit is not required. Its main role is to identify a date for the commencement of the liability period for building faults where an OP is not issued. Despite its title, a C of FI does not evidence compliance with the Building Regulations or the date of approval of the final inspection stage of work.
Under reg 1012 the RBS is obliged to supply to Council the date of approval of all mandatory inspection stages in addition to supplying a copy of a signed, dated certificate of final inspection (where an OP is not required). It is necessary therefore to separately identify the date the final inspection is approved and the date the certificate of final inspection is issued. It is not appropriate for Council registration staff to assume one date or the other.
A certificate of final inspection is not a permit. It cannot be issued with conditions. It also has no statutory relationship with the issue of any essential services determination.
The requirement on a C of FI to identify the part of the building means the description should be clear: eg 'rear rooms' or '2nd storey office'. It is not appropriate to simply cut and paste the description of building work (eg "proposed additions"). As a C of FI is not a permit, the requirement to list the "permitted use" refers to the use in the building permit. This is important as it can affect the ability to make a claim against a fault where a building is used differently to its approved design.
As there is no need to list a final inspection as a mandatory stage for a staged building permit that does not involve completion there is no need to issue a certificate of final inspection or inspection approval listing with relation to such a permit. It is, however, requested that upon completion of the actual final stage of work the C of FI or OP issued cross-references all building permit numbers applicable to the project and that the listing of inspection approval dates clarifies the respective permits authorising the stages eg prior to placing footings (permit xxx/xxx/1) 21/12/03, framework (permitxxx/xxx/2) 3/2/04, final (permit xxx/xxx/3) 5/5/04.
Occupancy Permits
Occupancy permits are permits in their own right and, when lodged, should be accompanied with the associated application documents.
An OP should not be issued if it will be inconsistent with any earlier OP or certificate of occupancy still in force. If there is an earlier instrument controlling occupation or use the matter should be resolved - for example, by the applicant seeking the MBS to amend or revoke the older CofO or OP. Private building surveyors should be aware of the status of pre-existing OPs and CofOs at buildings being altered ahead of time (see section Additional information for private building surveyors).
Where an occupancy permit is provided to Council under s73 of the Building Act the date of approval of the final inspection must also be submitted with the other inspection approval dates pursuant to reg 1012. The occupancy permit is not evidence of approval of final inspection. As mentioned above with respect to certificates of final inspection, there must be a separately supplied listing of inspection approval dates, including the date of approval of the final inspection stage.
In accordance with the above, terminology such as inspection for occupancy permit should not be used when describing mandatory inspection stages.