Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW)

Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9

An Act with respect to compliance with, and the enforcement of, certain building and construction legislation and codes; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.

2 Commencement This Act commences on 1 September 2020.

3 Definitions (1) In this Act— approved plans, in relation to building work, means the following— (a) approved plans and specifications issued with respect to a construction certificate or complying development certificate for the building work under the Environmental Planning and Assessment Act 1979, together with any variations to those plans and specifications for the purposes of those certificates effected or approved in accordance with that Act, (b) regulated designs under the Design and Building Practitioners Act 2020, (c) any other plans prescribed by the regulations for the purposes of this definition. Building Code of Australia has the same meaning as in the Environmental Planning and Assessment Act 1979. Building Commissioner means the Building Commissioner referred to in section 61. building element has the same meaning as in the Design and Building Practitioners Act 2020, and includes any element of a building that is prescribed by the regulations for the purposes of this definition. building product means any product, material or other thing that is, or could be, used in a building. building work—see section 5. building work rectification order—see section 33. class of building means a building of that class as recognised by the Building Code of Australia. completion, in relation to building work, means the date that the occupation certificate for the building or part of a building to which the building work relates was issued. Department means the department in which this Act is administered. developer—see section 4. expected completion amendment notice—see section 8. expected completion notice—see section 7. expected date—see section 7(2). function includes a power, authority or duty, and exercise a function includes perform a duty. occupation certificate means an occupation certificate issued under the Environmental Planning and Assessment Act 1979. owners corporation for a strata scheme means the owners corporation for the strata scheme constituted under the Strata Schemes Management Act 2015. prohibition order—see section 9. rectification bond—see section 28. residential apartment building means a class 2 building within the meaning of the Building Code of Australia, and includes any building containing a part that is classified as a class 2 component, but does not include any building or part of a building excluded from this definition by the regulations. Secretary means the Secretary of the Department. serious defect, in relation to a building, means— (a) a defect in a building element that is attributable to a failure to comply with the performance requirements of the Building Code of Australia, the relevant Australian Standards or the relevant approved plans, or (b) a defect in a building product or building element that— (i) is attributable to defective design, defective or faulty workmanship or defective materials, and (ii) causes or is likely to cause— (A) the inability to inhabit or use the building (or part of the building) for its intended purpose, or (B) the destruction of the building or any part of the building, or (C) a threat of collapse of the building or any part of the building, or (c) a defect of a kind that is prescribed by the regulations as a serious defect, or (d) the use of a building product (within the meaning of the Building Products (Safety) Act 2017) in contravention of that Act. stop work order—see section 29. strata building means a building containing a lot or part of a lot that is the subject of a strata scheme. strata plan has the same meaning as in the Strata Schemes Development Act 2015. strata scheme has the same meaning as in the Strata Schemes Development Act 2015.