VIC – Hendry advise building owners who request a building audit to be performed ensure that a Certificate of Final Inspection(s) for all previous building works is obtained prior to a building audit or BCA Audit being performed. The Building Act 1993, Building Regulations 2006 and the Building Code of Australia (BCA) all combine in determining what goes into the certificate of final inspection issued by the building surveyor.
What is a certificate of final inspection?
A certificate of final inspection is a statutory document issued under the Building Act 1993 and the Building Regulations 2006. A certificate of final inspection is issued by a building surveyor for extensions, alterations or building works to existing buildings (including houses) that do not require the issuing of an occupancy permit.
When must a certificate of final inspection be issued?
A building permit is required for all building works under the Building Act 1993 and Building Regulations 2006 except for works specifically exempted. The building surveyor shall nominate in the building permit whether a certificate of occupancy or a certificate of final inspection is required upon the completion of the works to the satisfaction of the building surveyor. The building surveyor must nominate the requirement to issue one of these documents. The Building Act 1993 in Section 38 states.
38 Certificate of final inspection
(1) The relevant building surveyor must issue a certificate of final inspection on completion of the inspection following the final mandatory notification stage of building work if:
(a) an occupancy permit is not required for the building work; and
(b) all directions given under this Part in respect of the building work have been complied with.
(2) A certificate of final inspection is not evidence that the building or building work concerned complies with this Act or the building regulations.
It is important to read Section 38(2). The building surveyor can issue a certificate of final inspection if satisfied that the building is suitable for occupation relative to health and safety concerns.
What does a certificate of final inspection look like?
When the building surveyor issues a certificate of final inspection under Regulation 1006 it must be in the form of Form 7 Certificate of Final Inspection.
Maintenance Requirements for Essential Safety Measures
Where a certificate of final inspection is issued for all buildings (other than houses) and an essential safety measureis provided, then the building surveyor must also attach to the certificate of final inspection a determination on the essential safety measure(s) with the type of inspection, maintenance and frequency required. Regulation 1204 of the Building Regulation 2006 states:
1204 Maintenance requirements of essential safety measures in other circumstances
(1) If an essential safety measure is provided in a building or place of public entertainment as a consequence of an emergency order or a building order or the carrying out of building work where an occupancy permit is not required to be issued the relevant building surveyor must determine—
(a) the level of performance required to enable the essential safety measure to fulfil its purpose; and
(b) the frequency and type of maintenance required.
(2) A determination under subregulation (1) must—
(a) be in writing; and
(b) be given to the owner of the building or place of public entertainment without delay after it is made.