New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 206
Rectification of defects
206 Rectification of defects
(1) The builder who is responsible for defective building work, or an
employee, agent or contractor of any such person, (the
"builder" ) may, at any time after the completion of the building work, enter
any part of the parcel of the strata scheme that the person may reasonably
require for the purpose of or in connection with rectifying the building work.
Note : See sections 122 and 123 for other powers to enter the parcel of a
strata scheme.
(2) The builder must give at least 14 days written notice to
the owners corporation, the developer and the owner and any occupier of any
affected lot of an intention to enter any part of the strata parcel for the
purpose of or in connection with rectifying defective building work.
(3) A
builder who enters a lot after giving notice in accordance with this section
may enter the lot only at a time that is reasonable in the circumstances or at
a time agreed with the owner or, if the owner is not the occupier of the lot,
the occupier.
(4) The builder is not bound by any provision of a report under
this Division for the purpose of or in connection with rectifying
defective building work.
(5) A person must not, without reasonable excuse,
refuse access to a builder to any part of the parcel of the strata scheme or a
lot in a strata scheme if that access is permitted by this section. : Maximum
penalty--10 penalty units.
(6) The duty under section 18BA of the
Home Building Act 1989 to allow reasonable access does not require a builder
to be given reasonable access to the parcel of a strata scheme at any time
while a building inspector is carrying out a final inspection under this Part
on any part of the parcel.
(7) If the builder who is responsible for
defective building work is unavailable because the builder has died, is
insolvent, has ceased to exist or is unavailable for any other reason
prescribed by the regulations for the purposes of this section, the developer
may appoint another person to rectify building work under this section. Any
such person is taken to be the builder for the purposes of this section.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback