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Building Compliance and Enforcement Bill 2022

Building Compliance and Enforcement Bill 2022 (NSW) has been proposed to NSW State Parliament, which if it becomes law will significantly change the landscape when it comes to an Owners Corporation’s duty to repair and maintain common property under Section 106 of the Strata Schemes Management Act 2015 (NSW).

Under the proposed law, the NSW Building Commissioner, currently David Chandler, will be given significant powers to force an Owners Corporation to fix common property.  

The new powers under the Bill include:

  • A right to enter a strata scheme to inspect and investigate defects
  • Organise and undertake destructive testing
  • Forcing people associated with strata schemes to answer questions in writing
  • Issue compliance notices
  • Accept compliance undertakings
  • Issue search warrants
  • Applying to the Land and Environment court for restraining or remedial orders
The proposed changes will allow fines to be issued to owners corporations who are in breach of the Commissioner’s orders to a maximum of $22,000 and $2,000 per day for any continuing breach.

Consultation on the proposed bill ends on 25 November 2022.