The Difference Between Final Inspection Certificates and Building Approvals
Statute law within Queensland, under the Building Act and Building Regulations (Schedule 1), other various Acts e.g. Integrated and Planning Act, combined with Brisbane City Council Codes/City Plan stipulations and other forms of legislation (Australian Standards etc) set the parameters for all new building work carried out for Residential construction. Of most importance is the determination as to whether or not any building work requires a building approval/development application, or is able to be constructed without an application.
Very little building work of substance, is able to be carried out without applications or approvals, and is usually limited to the smaller construction like fencing under height of 2 m or small decks and 10 m², without roof and without a drop to the ground of over a meter etc. The terminology used for whether or not it building work requires an approval or not, is that the building work is “prescribed” or “not prescribed”. Prescribed meaning that it is not subject to an application or building approval.
Despite the legislation being in place, our experiences show that a significant amount of Residential construction carried out within Brisbane is done in a manner where either no application/approval was obtained, or there was a building approval obtained but the work has not been formally signed off with a final inspection certificate, as per the requirements of state law.
Incomplete or informal building work can have major ramifications and disastrous consequences for property owners, particularly in the event of a fire/or like, where it is known that insurance companies have rejected claims for properties that have had incomplete and informal construction of this manner in place (in the fine print of their policies). Our belief is that the area of certification for new building work on properties, either during original construction or retrospectively, is the most important consideration for you, should you be made aware that the property has been subject to new building work. It should be treated as being absolutely critical, as it can be extremely problematic not only for any insurance matters, but also with re-sale of the property.
Time and time again, we see situations where properties are being marketed as being complete and final, despite the fact no certification is presented for any new building work that has been carried out. It is around 90% of situations where no certification is provided for any retrospective new building work, that upon further investigation by our client’s, it is found that the property does not have a final inspection certificate for the work. Astoundingly, it is also not uncommon for new construction of residential properties not to have received their final inspection certificate, as there is no process in place with the private certifiers and Brisbane City Council to ensure a building approval/application obtains its final inspection certificate.
If you are trying to determine what has been lodged with the Council for the building application, been granted a building approval by a building certifier and then been issued with a final inspection certificate-which in essence closes the process and formality for the building work by way of being lodged with the relevant Council authority then it is our advice that you must not accept anything else other than formal certification substantiating that the work has achieved a final inspection certificate of classification. This is normally by way of a form 21, or previously prior to around 2006 what was simply called a final inspection certificate. Despite the verbal assertions we are perpetually given by marketing agent’s about building work being “all okay” and, all “council approved”, almost without exception we are never provided with any form of certification to confirm that it has been finally inspected and completed and when we ask for this documentation, almost without exception, are never provided with it.
The reality is the only definitive way to confirm what has been approved for construction, and secondly and of the most critical importance, has been finally inspected and signed off as being completed, is by carrying out a formal search with the relevant Council authority and having them advise you accordingly. Often people mistake a building approval as being the only requirement however there is a very formal process of certification and inspections involving footings, framing and final and unless all of these are done the work remains incomplete and if that is the case can be extremely problematic for property owners.
Based on our experiences over the last 15 years, any verbal claims of additions, extensions and/or any building work subject to formal applications/approvals to build, as being formally completed, by any party but usually a marketing agent or vendor, must be treated with extreme caution. As per the paragraph above, when we are provided with this advice and then seek to confirm any claim by way of formal certification, is almost never provided and upon further inquiries being made by our clients, they find the claims are being made a completely incorrect and false. For any verbal claims being made about the formality of any building work that may have been done, our advice is that you demand formal certification for this work, which is a statutory requirement under state law. You should request copies of all documentation pertaining to the work, including plans warranties, all certification documentation provided and generally anything you are able to obtain, as in the event you obtain the property it would be of most benefit to have it on file. Of extreme importance, you should very specifically ask for a copy of the stamped ‘approved plans’ and the final inspection certificate for the work, to ensure the plans for the construction match what was actually built. It is far from unusual to find situations where approvals were given for a specific amount of construction although additional construction was carried out that was not given approval.
Should you take on a property that has not been finally inspected, which we would never ever recommend, there is no guarantee whatsoever that you will be able to obtain a final inspection. Because of litigious consideration, I’m unaware of any building certifiers who are prepared to take this line of work on, because of its difficulties and also they are very reluctant to become involved with any work involving other than that which they have completed themselves. The fact is if it is completed and fully lined it is impossible to see a significant amount of what is required for certification i.e. bracing and framing. The documentation required for a form 21 or final certificate can be obtained by simply googling form 21 requirements and you will need all of that to be provided to achieve your final certification. Once again, this is not an option but a requirement under the state legislation of the Building Act.
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