No code of compliance certificate on apartment

[doulu]

Hi All,

I was wondering if anyone could help me.

I am interested in buying my first property. The property is an apartment, which is in a building that is retail ground level and apartments on the first level. The retail unit is on a separate title to each of the 6 apartments upstairs.

However, there are two outstanding code of compliance certificates on two different retail units, the information from the LIM are;

1. No code of compliance certificate issued due to retail company doing a fitout and then went into liquidation so the CCC was suspended (May 200
2. No code of compliance certificate issued for a retail outfit because they didn't apply for one (June 200.

I was wondering what implications this might have for me if I became an apartment owner in the same building, but on a different title?

Any assistance anyone could give me would be greatly appreciated.

Thanks!

[PTcruza]

Not an expert on this, but I would think it depends on what the CCCs were supposed to be for.

Presumably, the original building work all passed? But then shops performed fitouts which involved ceilings, linings, possibly floors, electrical, possibly plumbing, that needed a CCC at the end of it.

Hopefully nothing major, such as fire separations, structural alterations and so on.

My suggestion: check out the Building Warrant of Fitness, which should be displayed in a public area. Then call up the company that issued it and ask if they know about the missing CCCs, and what impacts they have.

That might help, and might stir up a hornets' next.

If you are bold, visit other occupiers and ask them if they know about it.

There must also be a Body Corporate organisation. That ought to know. Go rattle some cages!

If you're still interested in buying, that is.

What is the building age and exterior cladding? Be aware of potential "weathertightness issues"!!!

[brokerman]

Apart from any leaky/BC issues there will certainly be funding issues so check with your bank/broker up front and if you paying cash still be wary as your purchaser in the future will almost certainly require funding and apartments are tricky at the best of times. Good luck.

[John the builder]

One implication for a public building and this includes your shops is if work commenced after 31 March 2005 then building couldn't be occupied until a CCC was issued unless a Certficate of public use (CPU) was granted.

This was designed to ensure public safety was in place. But if CCC was prior there is no such implication. (Your smilys are covering the critical date?) There is no reason that a CCC couldnt be issued nowthe BC could organise this?? If the consent was under the 2004 the council are obliged to issue at 2 year anniversary or seek an extension of time agreement? (the obligation is on the council but..)

It isnt a matter of whether a building has open consent wothout a CCC but rather how many and what they are for?

[PTcruza]

= "8 )" So the corrupted dates must be 2008. As in ( 200

[John the builder]

then there should be CPU's issued for the occupation of retail areas and also council are dropping the ball if they havent issued the CCC or agreed a date, Suspension is not an option! under s93 (1) and (2).

The owners occupiers and controls the spaces is liable for a 1500 infringement or 200k fine and 20k per day. Check if CPU has been issued or refer to BC.

[PTcruza]

Great info John.

I wonder if the OP is still around. No responses appearing...