09 December 2020
Coleman Greig Lawyers
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The Residential Apartment Buildings (Compliance and EnforcementPowers) Act 2020 (NSW) (the Act) is the NSW Government's latesttool in its arsenal to deal with the continued and growing concernsregarding the quality of residential apartment construction withinNSW. The Act provides substantial powers to the Secretary of theDepartment of Customer Service (Secretary) toproactively investigate and rectify defects in residentialapartment buildings that are either being constructed or have beenconstructed within the preceding 10 years.
The Act commenced on 1 September 2020 and has caused asignificant widening of the definition of a developer (although atthis stage it is only for the purposes of this Act). The Act hashad a significant implication for developers and other associatedparties within the construction industry insofar as they fallwithin the definition of a developer.
Key Points to be aware of:
The initial 6-month period following the commencement of the Acton 1 September 2020 is a transitional period. During thetransitional period, a building element is defined within the Act.Once the Transitional Period is completed, a building element willbe defined in accordance with the Design and Building PractitionersAct 2020 (NSW).
In the event that a developer wishes to apply for anoccupational certificate during the transitional period, theexpected completion notice needed to have been provided to theSecretary within 14 days of the commencement of the Act.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
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