Home Structure Walls Certificate of Occupancy

Certificate of Occupancy

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Hi,
Can we occupy the Property(QLD) with only Form 61(Pending completion of Retaining wall) provided by the builder? Form 21 will only be issued once retaining wall outside the house but within the property boundaries is completed.

The Builder said that we just need to fully pay them and we can occupy the house even without the Form 21. Is that legal??

Thanks for any help.