Pursuant to section 9 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, the Building Commissioner may make an order prohibiting the issue of an occupation certificate and/or the registration of a strata plan for a residential apartment building when, amongst other things:
- an expected completion notice was not given or was given less than 6 months before the application for the occupation certificate was made;
- an expected completion amendment notice was not given or was given less than 6 months before the application for the occupation certificate was made;
- a serious defect in the building exists;
- a building bond has not been given.
In the event that the Building Commissioner makes an order, such order and its accompanying conditions are uploaded to the NSW Fair Trading ‘Order Register’. The Order Register details the stop work orders, prohibition order, building work rectification orders and enforceable undertakings issued by the Building Commissioner.
If you have received an order issued by the Building Commissioner, we can assist. Project Lawyers act for the plaintiff in the NSW Supreme Court proceedings relating to Opal Tower, which is located in Sydney Olympic Park. Notwithstanding these proceedings, the Building Commissioner has issued 2 building work rectification orders that are recorded in the order register.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
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