Property Developers Act 2024
49Making rectification orders
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49 Making rectification orders (a) has given a property developer a proposed rectification order notice in relation to residential building work; and section 48 (2) (c); and (c) is satisfied it is appropriate to make an order under this section. (2) The registrar may make an order (a rectification order) against a property developer requiring any of the following: (a) stated action (the required rectification work) to be taken to rectify the serious defect, or possible serious defect, within a stated period not less than 1 month after the day the rectification order is given; (b) stated information to be given to the registrar about the required rectification work; (c) any other thing reasonably necessary to ensure the required rectification work is done. (3) A rectification order— (a) may, but need not, state how required rectification work is to be done; and
(b) must state that it is an offence under section 54 to fail to comply with the order. (4) The registrar may only make a rectification order before the latest of the following: (a) if the registrar first became aware of the serious defect, or possible serious defect, within 6 months before the end of the 10-year period—1 year after the registrar became aware of the serious defect, or possible serious defect; (b) if the registrar gives a proposed rectification order notice before the end of the 10-year period—1 year after the notice is given; (c) in any other case—the day the 10-year period ends. (5) A copy of the rectification order must be given to— (a) the owner of the land on which the residential building work is undertaken; or (b) for a regulated residential building under a units plan—the unit owner and the owners corporation. 10-year period means the period within which a building action may be brought in relation to the residential building work under the Building Act 2004, section 142 (1). owners corporation—see the Unit Titles (Management) Act 2011, units plan—see the Unit Titles Act 2001, dictionary.