Part 2Completion of residential apartment building
work
7Notification to Secretary of intended completion of building
work
(1)
A developer in relation to building work must not
cause or permit an application to be made for an occupation certificate for
any part of a residential apartment building for which the building work is
being or was carried out unless, at least 6 months, but not more than 12
months, before that application is made, the developer notified the Secretary,
or caused the Secretary to be notified, of that proposed application (an
expected completion
notice).
(2)
The expected completion notice must set out the
date that the developer expects to make the application for the occupation
certificate for the building or part of the building (the expected
date).
(3)
Despite subsection (1), if, at the commencement
of building work for a new building, the developer expects to make the
application for the occupation certificate for the building or part of the
building within less than 6 months, the developer must give the Secretary, or
cause the Secretary to be given, an expected completion notice within 30 days
of the commencement of that building work.
(4)
The expected completion notice is to be given in
a manner and form approved by the Secretary.
(5)
The regulations may provide that the expected
completion notice may be given to another person in the manner and form
prescribed as an alternative to being given to the
Secretary.
(6)
If there is more than 1 developer in relation to
a residential apartment building, it is a defence to a prosecution for an
offence under this section if the defendant proves that another developer gave
the required expected completion notice to the Secretary (or other person
prescribed under subsection (5)).
Maximum penalty—
(a)
for a body corporate—1,000 penalty units
and in addition, in the case of a continuing offence, 100 penalty units for
each day the offence continues, or
(b)
otherwise—200 penalty units and in
addition, in the case of a continuing offence, 20 penalty units for each day
the offence continues.
s 7: Am 2021 No 21,
Sch 2[3].
8Notification of change to expected date
(1)
If a developer becomes aware that circumstances
have changed so that the developer expects an application for the occupation
certificate for a residential apartment building or part of a residential
apartment building to be made on a different date than the expected date
specified in an expected completion notice, the developer must notify the
Secretary of the new expected date (an expected completion
amendment notice).
(2)
The expected completion amendment notice must be
given—
(a)
within 7 days of the developer becoming aware of
the change in circumstances, and
(b)
in a manner and form approved by the
Secretary.
(3)
The regulations may provide that the expected
completion amendment notice may be given to another person in the manner and
form prescribed as an alternative to being given to the
Secretary.
(4)
This section does not apply if the new expected
date is within 60 days of the expected date specified in the expected
completion notice given to the Secretary in relation to the building
work.
(5)
A developer may give more than 1 expected
completion amendment notice in accordance with this section and, for the
purposes of any subsequent notice, a reference in this section to the expected
date specified in an expected completion notice is to be taken to be a
reference to the new expected date specified in the most recent expected
completion amendment notice given by the developer.
(6)
If there is more than 1 developer in relation to
a residential apartment building, it is a defence to a prosecution for an
offence under this section if the defendant proves that another developer gave
the required expected completion amendment notice to the Secretary (or other
person prescribed under subsection (3)).
Maximum penalty—
(a)
for a body corporate—500 penalty units and
in addition, in the case of a continuing offence, 50 penalty units for each
day the offence continues, or
(b)
otherwise—100 penalty units and in
addition, in the case of a continuing offence, 10 penalty units for each day
the offence continues.
s 8: Am 2021 No 21,
Sch 2[4].
9Occupation certificates and strata plan registrations not to
occur in certain circumstances
(1)
The Secretary may make an order prohibiting the
issue of an occupation certificate in relation to a residential apartment
building and, if relevant, the registration of a strata plan for a strata
scheme in relation to a residential apartment building (a prohibition order) if
any one or more of the following apply—
(a)
the expected completion notice required to be
given to the Secretary under this Part was not given or was given less than 6
months before the application for the occupation certificate was made (unless
the expected completion notice was duly given under section
7(3)),
(b)
an expected completion amendment notice of a new
expected date required to be given to the Secretary under this Part was not
given or was given less than 6 months before the application for the
occupation certificate was made,
(c)
the Secretary is satisfied that a serious defect
in the building exists,
(c1)
a rectification bond required under the terms of
an undertaking given by the developer relating to the residential apartment
building has not been provided to the Secretary,
(d)
any building bond required under section 207 of
the Strata Schemes Management Act 2015 in
relation to the building has not been given to the
Secretary,
(e)
a developer, in relation to building work of the
residential apartment building, fails to comply with a direction of an
authorised officer under section 17 or 18,
(f)
other circumstances prescribed by the regulations
for the purposes of this section exist.
(2)
Without limiting subsection (1)(c), the Secretary
may be satisfied that a serious defect in a building exists if—
(a)
a building work rectification order has been made
in relation to the building and has not been revoked, or
(b)
a development control order under the Environmental Planning and Assessment Act
1979 relating to defects in building work has been made in
relation to the building and has not been revoked.
(3)
If the Secretary makes a prohibition order, the
Secretary must give the following persons notice of the making of the
order—
(a)
the relevant local council,
(b)
if the local council is not the certifier in
relation to the building work—the principal
certifier,
(c)
a developer in relation to the building
work,
(d)
if the owner of the land concerned is not the
developer—the owner of the land concerned,
(e)
the Registrar-General,
(f)
any other person prescribed by the
regulations.
(4)
A prohibition order remains in force until one of
the following occurs—
(a)
the order is revoked by the
Secretary,
(b)
the term (if any) of the order
ends.
(5)
The Secretary is not required to give notice to a
person under subsection (3) if the Secretary is unable, after making
reasonable inquiries, to ascertain the identity of, or to locate, the person
to whom notice would otherwise be required to be given.
(6)
An occupation certificate issued in contravention
of a prohibition order is invalid.
(7)
A principal certifier (other than a council) must
not issue an occupation certificate in contravention of a prohibition
order.
Maximum penalty (subsection (7))—1,000
penalty units (in the case of a body corporate) or 200 penalty units (in any
other case).
s 9: Am 2021 No 21,
Sch 2[5]; 2021 No 23, Sch 1.12[2].
10Appeals against prohibition orders
(1)
A developer in relation to a residential
apartment building to which a prohibition order applies may appeal against the
order to the Land and Environment Court within 30 days of notice of the order
being given unless the Court grants leave for it to be made after that
time.
(2)
The lodging of an appeal does not, except to the
extent that the Land and Environment Court otherwise directs in relation to
the appeal, operate to stay action on the order appealed
against.