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Is a new 2 storey house allowed to be occupied when on the…

Is a new 2...

Is a new 2 storey house allowed to be occupied when on the 2nd storey there is no balcony or protection surrounding 2 double door openings.. I’m in South Australia

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Australia

Lawyer's Assistant: Has anything been filed or reported?

They say eventually they are going to put a balcony up but continue to walk around the upper level with the doors open and they have a dog.. the house has just been built and they have been moving in over the last few days. I feel it’s a safety hazzard

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that’s it.. the whole house build is crazy.. they have built a 2 storey home overlooking our single storey which now looks into all our living areas and we have no privacy.. they can see in my bathroom etc. they have built 3.8 meters from our boundary and have built the block up 2.5 meters and have built this house on the back of a large block etc Torrens titled

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Answered in 6 minutes by:
3/13/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,890
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question

Good Morning

A new property can only be occupied if the final approval has been given by the certifying authority usually being the Council.

It is a requirement that before occupation is permitted the building complies with the terms and conditions of the building approval.

If they have not obtained the certification that they can occupy the property then they are occupying illegally.

It is a matter that you will need to report to the Council to investigate.

You can ascertain from the Council what has been approved, and if the approval includes balconies and they have not yet been constructed, then the property is not ready for occupation.

Here is a link that indicates that there must be an occupation certificate issued by the certifying authority

https://ablis.business.gov.au/service/sa/certificate-of-occupancy/1421

I suspect that your neighbours, if they are your neighbours, are moving in without the certificate as the building appears not to have been completed.

It is a matter that needs to be brought to the attention of the Council as if anything occurs and someone is injured the owners of the building will not be covered by insurance.\

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,890
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 5 months ago
Howdy Leon,
I just wanted to thankyou againfrom the bottom of my heart for the information you supplied me yesterday.. it was just what I needed to prove my point and also to find out the new owners of the property had illegally moved into the premises
Kind regards
Gail Trace

Good Afternoon

I am happy I could have assisted.

It is not always possible to give people good new.

You take care and thank you for rating my work 5 stars it is always appreciated

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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