Tuesday, September 22, 2020

Strata Schemes Management Act 2015 No 50

Part 11
Division 2
Section 200

Obligation to arrange final inspection and report | Section 200

(1)  The developer of a strata scheme must, not later than 18 months after completion of the building work—

(a)  arrange for the building inspector who prepared the interim report on the building work to carry out a final inspection of, and provide a final report on, the building work and give written notice to the Secretary of the arrangement not later than 14 days after making the arrangement, or

(b)  if the original building inspector is not available, give the Secretary written notice of that fact not later than 14 days after becoming aware that the building inspector is not available, or

(c)  make an application to the Secretary under this section.

Maximum penalty—200 penalty units.

(2)  On notification under this section that the original building inspector is not available or if the Secretary otherwise becomes aware that a developer has not complied with subsection (1), the Secretary—

(a)  is to arrange for the appointment of a qualified person as a building inspector to carry out the final inspection of, and provide the final report on, the building work, and

(b)  must give written notice to the developer and the owners corporation of the appointment as soon as practicable after it is made.

(3)  The Secretary is not required to arrange for a final inspection and report under this section if the interim report was prepared by a building inspector arranged by the Secretary and the report did not identify any defective building work.

(4)  The Secretary may, on application by a developer, determine that the developer is not required to arrange for a final report under this section if the interim report did not identify any defective building work and the Secretary thinks it appropriate in the circumstances of the case to make the determination.

(5)  The Secretary must give written notice of any decision that a final inspection and report is not required to the owners corporation and the developer not later than 28 days after the decision is made.

(6)  In any case in which a final report is not required, the interim report is taken to be the final report for the purposes of this Part.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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