Wednesday, December 2, 2020

Strata Schemes Management Act 2015 No 50

Part 13
Division 2
Section 255

Structural defects—proceedings as agent | Section 255

(1)  An interested person may take proceedings for the rectification of the condition of a part of a building, or a part of the site of a building, if that condition affects or is likely to affect the support or shelter provided by that part to any other part of the building or its site.

(2)  The proceedings may be taken only if—

(a)  they could have been taken by an owner of a lot or by another person in whom is vested an estate in fee simple in a part of the building or its site, and

(b)  they have not been taken by the owner or other person within a reasonable time.

(3)  The proceedings are taken by an interested person as agent for the person who might have taken the proceedings and at the cost of the interested person.

(4)  In this section, interested person means—

(a)  the owners corporation for the strata scheme for the building or, if part of the building is included in a part strata parcel, of any strata scheme for part of the building, or

(b)  the lessor, in the case of a leasehold strata scheme, or

(c)  any person in whom is vested an estate in fee simple or, in the case of a leasehold strata scheme, a leasehold estate, registered under the Real Property Act 1900 in any part of the building or its site that is not included in a part strata parcel.

© 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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