Forums / Getting Technical / Legal & Accounting / Retail space occupancy permit issue

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  • Profile photo of fxdaemonfxdaemon
    Participant
    @fxdaemon
    Join Date: 2013
    Post Count: 114

    Hi experts,

    Following is the situation with family member who bought a retail space a little over a year
    ago as part of a mixed use new development where commercial retail space are on ground floor
    and resi apartments upstairs.

    Due to recent owner corporate’s change, the new incoming OC conducted new around of
    essential service compliance check and have uncovered the subject retail space fire compliance
    requirements are non complying and basically rendered the occupancy permit (OP) invalid!!!
    It leaves a very big question mark on why this wasn’t picked up by the previous OC.

    Questions:
    1. As OP was obtained by tenant who paid for the initial fit-outs, is there legal recourse to
    go back to it to demand that it remedies the non-compliance situation on the basis that invalid
    OP will have made the tenant in breach of the lease, which I assume may be the case.

    2. If answer is no to 1, is there re-course to go back to the original RBS who signed off and
    issued the OP which fails to mention or include anything relating to fire compliance.

    Anyone else has similar experience with essential service situation like above, not just fire
    compliance?

    Any suggestion, advice and/or recommendation is welcomed.

    Thanks,
    FXD

    Profile photo of ToolsTools
    Participant
    @tools
    Join Date: 2003
    Post Count: 363

    The RBS can only inspect and approve based upon what is inspected on the day of inspection. With a year now passed is it possible that additional works have now brought on the non-compliance?

    Tools

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