New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 196

196 When building inspector for interim inspection arranged by Secretary

(1) On notification by a developer that the developer has not appointed a building inspector in accordance with section 194 or if the Secretary otherwise becomes aware that a developer has not done so, the Secretary--

(a) is to arrange for the appointment of a qualified person as a building inspector to carry out an inspection of, and to report on, the building work in accordance with this Part, and

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

Note--: The regulations may provide for a fee for an appointment by the Secretary, see section 204.

(2) An owner of a lot in a strata scheme who objects to an approval of the appointment of a building inspector by the owners corporation may, not later than 14 days after the approval, give the Secretary written notice of the objection and the grounds for the objection.

(3) On receiving the objection, the Secretary may, if the Secretary thinks it appropriate in the circumstances and the building inspector has not carried out an interim inspection--

(a) arrange for the appointment of another qualified person as the building inspector to carry out an inspection of, and to report on, the building work in accordance with this Part, and

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

(4) The Secretary must give written notice of a decision not to arrange the appointment of a building inspector to the person who made the objection, the developer, the owners corporation and the building inspector approved by the owners corporation.

(5) The appointment of a building inspector arranged by the Secretary under this Part is not required to be approved by the owners corporation.