The Building Compliance and Enforcement Bill 2022 has been proposed to NSW State Parliament where if passed to law, it will forever change an Owners Corporation’s duty to repair and maintain common property under the Strata Schemes Management Act 2015.
Under the proposed law, the NSW Building Commissioner, has access to new powers relating to the enforcement on Owners Corporations to fix common property, including but not limited to:
- Rights to enter a strata schemes to inspect/investigate defects including destructive testing
- Force Strata Stakeholders to document responses relating to issues
- Issue compliance notices and accept compliance undertakings
- Issue search warrants
- Apply to the Land and Environment court for restraining or remedial orders
- Impose significant financial fines to owners corporations who are in breach of orders
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