QLD – Hendry advises solicitors, conveyancers and purchasers of the possibility that townhouses may not have the correct final building documentation under the building regulations and the Building Act 1975 for Class 1a buildings. During the course of finalising existing building regulations building approvals for Brisbane City Council, numerous instances have been identified where townhouses have the incorrect Building Act 1975 final certificates.
House and Townhouse
The Building Act 1975 differentiates between a house and a townhouse as being single detached Class 1a, or attached Class 1a respectively.
A single detached Class 1a requires a final inspection certificate (currently approved form 21) under section 99 of the Building Act 1975 on the satisfactory completion of the building work.
An attached Class 1a townhouse requires a Certificate of Classification on satisfactory completion of the building work under section 102 of the Building Act 1975.
Townhouses (Class 1a) also include a separating firewall between dwellings which should be inspected for integrity before a purchase.
The situation of incorrect final building documentation on a Class 1a building could potentially have legal ramifications for building owners and stakeholders, and professional advice (and action) should be sought to remedy the situation, before action occurs under the Building Act 1975.