You are about  to attend your Builder’s handover inspection and you are about to pay the final payment and get the keys to your new home. Before you can legally occupy your newly constructed home there are a number of things that MUST occur. 

Under clause 83A of the Development Regulations 2008 there are certain statutory requirements that must be implemented and checked in a handover inspection of a newly constructed home before you can occupy it.

A person must not occupy a Class 1a building under the Building Code (or an addition to a Class 1a building) that has not been fully completed in accordance with a development authorisation insofar as it relates to the performance of building work unless—

(a) the building is structurally sound and weatherproof; and

(b) the building work that has been carried out on the building is in accordance with the relevant approval (disregarding any variation of a minor nature which has no adverse effect on the safety of the building, or on the health of the occupants of the building, or any variation undertaken with the written consent of the council); and

(c) the building includes all items specified in Clause P2.4.3 of the Housing Provisions of the Building Code for Class 1a buildings under that Code; and

(d) all connections relating to the supply of water from all sources, and for the disposal of water and effluent, have been made (although if the approved documentation provides for 2 or more connections for the disposal of water or effluent, it is sufficient for the purposes of that aspect of this paragraph that 1 such connection is made); and

(e) if the building is in a bushfire prone area under regulation 78, the building complies with Clause P2.3.4 of the Housing Provisions of the Building Code; and

(f) all smoke alarms required under Clause P2.3.2 of the Housing Provisions of the Building Code have been installed and tested.


So as you walk through your new home with the builder and check things like do the doors close and what is that gap between the skirting and the wall, or I don’t like that paint run there are greater issues to deal with that invariably only an expert eye can pick. In future blogs we might look into some of the things we find during staged building inspections that really suggest you should not occupy your new home.