216Structural defects—proceedings as agent

#### 216 Structural defects—proceedings as agent 216 Structural defects—proceedings as agent > > (1) An interested person may take proceedings for the rectification of the condition of a part of a building, or a part of the site of a building, if that condition affects or is likely to affect the support or shelter provided by that part to any other part of the building or its site. > > > (2) The proceedings may be taken only if— > > > > > (a) they could have been taken by an owner of a lot or by another person in whom is vested an estate in fee simple in a part of the building or its site, and > > > > > (b) they have not been taken by the owner or other person within a reasonable time. > > > (3) The proceedings are taken by an interested person as agent for the person who might have taken the proceedings and at the cost of the interested person. > > > (4) In this section, interested person means— > > > > > (a) the association or the strata corporation for the scheme for the building or, if part of the building is included in a part strata parcel, for a strata scheme for part of the building, or > > > > > (b) a person in whom is vested an estate in fee simple or, in the case of a leasehold strata scheme, a leasehold estate, registered under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) in any part of the building or its site that is not included in a part strata parcel.