For an apartment buyer, an Occupation Certificate can feel like the final green light. The building is finished, the paperwork has been signed and the keys are ready to collect. It is easy to assume that means everything behind the walls, beneath the floors and inside the structure has effectively been guaranteed.
It hasn’t.
In NSW, registered certifiers are considered independent regulators and public officials and are required to act impartially and in the public interest. An Occupation Certificate is an important part of the approval process, but it does not guarantee that a building will remain free from defects. Even NSW Government guidance warns that a building inspection report should not be mistaken for a warranty against problems emerging later.
Few developments illustrate that distinction as clearly as Toplace’s Vicinity complex at Canterbury.
The 276-lot development attracted serious structural concerns. Public Works Advisory inspected the building in 2021 and recommended immediate monitoring and a rectification plan. There is an important detail here: its report found no immediate safety risk to residents at that time. So descriptions suggesting regulators simply declared the building on the verge of collapse go further than the evidence supports.
That hardly made the problems minor. Large temporary columns were installed in the basement and some apartments to support inadequate transfer beams and slabs. Then, in 2023, Building Commission NSW issued an urgent Building Work Rectification Order concerning potential serious defects.
And then came the figure that understandably caught everyone’s attention: up to $50 million.
Owners told the ABC that Fair Trading had indicated rectification could cost around that amount. Divide $50 million evenly between 276 lots and the figure is approximately $181,000 each. That is useful for illustrating the scale of the problem, but it should not be confused with an actual $181,000 bill for every owner. Strata contributions depend on the scheme and relevant unit entitlements.
| Issue | What the evidence shows | Why it matters to buyers |
| Vicinity defects | Serious structural concerns prompted government intervention | An OC does not remove defect risk |
| Temporary supports | Props supported inadequate transfer beams and slabs | Paperwork cannot replace physical due diligence |
| Repair estimate | Reported at up to $50m | Major defects can create enormous strata costs |
| Certifiers | Must act independently and in the public interest | They are not supposed to act as the developer’s agent |
| Major defects | NSW statutory warranty period is generally six years | Limitation periods matter |
| Strata records | Can reveal defects, works, finances and litigation | Read them before exchange |
Is private certification really the problem?
This is where the story becomes more complicated.
It would be too simplistic to suggest that NSW developers could simply pay private certifiers to wave defective buildings through. Certifiers have statutory obligations, including rules dealing with conflicts of interest, and Building Commission NSW describes them as independent regulators rather than representatives of developers or builders.
That does not mean concerns about the commercial model were unfounded. The Hills Shire Council, for example, told a NSW parliamentary inquiry that allowing developers to appoint private certifiers created an inherent tension because certifiers could depend on developers for future work. That was the council’s criticism of the system, however, not a finding that every private certifier was compromised.
The regulatory landscape has also moved on. Principal certifiers working on regulated apartment buildings now operate alongside additional requirements under the Design and Building Practitioners framework, including compliance declarations that must be lodged before an Occupation Certificate can be issued.
There is another historical wrinkle: interim Occupation Certificates. NSW changed this framework from 1 December 2019. Interim and final OCs can still matter for older developments under transitional arrangements, but they should not be presented as though developers routinely use interim certificates under today’s system.
For anyone considering an apartment, the practical lesson is far more useful than debating the certificate itself. Before exchange, investigate • strata records • engineering and building reports • known defects • rectification orders • litigation • special levies • capital works funding • the developer and builder’s history • and unresolved structural, waterproofing or fire-safety issues.
Timing matters too. NSW statutory warranties generally apply for six years to major defects and two years to other defects, with an additional six months potentially available where the breach becomes apparent during the final six months of the relevant period.
Vicinity does not prove that an Occupation Certificate is worthless. It demonstrates something more important: certification is one layer of protection, not a substitute for understanding the building you are buying into.
Flash Conveyancing Advice
When buying into a strata scheme, don’t let the existence of an Occupation Certificate end your investigation. Review the strata records before exchange and look closely at engineering reports, defect investigations, rectification orders, litigation, special levies and the capital works fund. If serious problems have already been identified, understand their status, potential cost and available remedies before you become legally committed.
Flash Conveyancing, led by Julian & Renee, specialises in property transactions throughout NSW. For apartment buyers, their approach means looking beyond the polished kitchen, new flooring and impressive balcony to the documents that are considerably less glamorous — but potentially much more expensive to ignore.
A thorough strata investigation can reveal a great deal about what you may be buying into: the scheme’s financial position, planned works, known defects, safety concerns, meeting minutes and existing or anticipated legal proceedings. Low strata levies can look attractive on a listing, but they are not necessarily good news if the scheme has inadequate reserves and major works are approaching.
There are limits to what conveyancing can establish, and those limits matter. A conveyancer cannot determine whether a concrete slab is structurally sound or replace an engineer or qualified building inspector. Flash Conveyancing can, however, review the available contractual and strata documentation, identify legal issues, explain what those issues may mean for the transaction and flag matters requiring specialist investigation before exchange.
Julian and Renee personally oversee files as part of Flash Conveyancing’s human-led boutique service. Under the practice’s own security procedures, sensitive payment instructions are directly voice-verified, while confidential information is supported by offline local-storage measures rather than relying exclusively on open cloud workflows.
Flash Conveyancing assists buyers and sellers across Sydney, Newcastle and Wollongong, together with Blacktown, Hawkesbury, the Blue Mountains, The Hills, Hornsby and Parramatta. The practice also services Acacia Gardens, Angus, Arndell Park, Colebee, Glendenning, Glenwood, Grantham Farm, Kellyville Ridge, Kings Langley, Marsden Park, Melonba, Oakhurst, Parklea, Quakers Hill, Riverstone, Schofields, Seven Hills, Stanhope Gardens, Tallawong, The Ponds, Baulkham Hills, Beaumont Hills, Bella Vista, Castle Hill, Kellyville, Kenthurst, North Rocks, Northmead, Rouse Hill, Vineyard, Windsor, Annangrove, Box Hill, Cattai, Dural, Gables, Galston, Glenhaven, Glenorie, Maraylya, Middle Dural, Nelson, North Kellyville, Norwest and Winston Hills.
