Sunday, September 27, 2020

Strata Schemes Management Regulation 2016

Part 8
Clause 56

Review of decisions | Clause 56

(1)  For the purposes of section 213 of the Act, the following decisions of the Secretary are reviewable decisions—

(a)  a decision to appoint a building inspector to carry out a final report under section 200 of the Act,

(b)  a determination under section 200 of the Act that a developer is not required to arrange for a final report,

(c)  a decision under section 212 of the Act to vary the period within which an interim report or final report is to be provided, or other action is to be done, under Part 11 of the Act,

(d)  a decision that the whole or part of a building bond may be claimed or realised for payment to an owners corporation, developer or other person.

(2)  Despite subclause (1), a decision by the Secretary to claim or realise a building bond for payment is not reviewable if the amount has been paid in accordance with the decision.

(3)  An application for a review of a reviewable decision must be made not later than 14 days after notice of the decision is given by the Secretary to the interested person or, if the interested person is the owner of a lot, to the owners corporation and must—

(a)  be in writing and signed by the applicant, and

(b)  specify the decision for which a review is sought and the grounds on which the review is sought, and

(c)  specify any additional information that is provided by the applicant for the purposes of the review and indicate why the information was not previously provided, and

(d)  provide an address for giving notice to the applicant of the decision by the Secretary on the review.

(4)  For the purposes of section 213 (2) (d) of the Act, a builder who carried out building work to which a reviewable decision relates, or a builder who is responsible for defective building work to which a reviewable decision relates, is an interested person in relation to the reviewable decision.

© 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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