28Undertakings

#### 28 Undertakings 28 Undertakings > > (1) The Secretary may accept a written undertaking from a developer regarding the carrying out of building work. > > > (2) Without limiting subsection (1), the Secretary may accept a written undertaking given by the developer that the developer will do one or more of the following— > > > > > (a) refrain from conduct that constitutes a contravention of this Act or the regulations, > > > > > (b) take action to prevent or remedy a contravention of this Act or the regulations, > > > > > (c) provide the Secretary with a rectification bond that may be claimed or realised by the Secretary to meet the costs of eliminating, minimising or remediating a serious defect or a potential serious defect in a residential apartment building. > > > (2A) If an undertaking requires a developer to provide a rectification bond, the undertaking must include— > > > > > (a) the circumstances in which the rectification bond may be claimed or realised, and > > > > > (b) the procedure for claiming or realising the rectification bond. > > > (2B) A person may carry out work without consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) if the work is carried out— > > > > > (a) to eliminate, minimise or remediate a serious defect, or a potential serious defect, in a residential apartment building, and > > > > > (b) in compliance with a requirement of an undertaking accepted by the Secretary. > > > (3) A developer who contravenes an undertaking accepted by the Secretary commits an offence. > > > > Maximum penalty—1,500 penalty units (in the case of a body corporate) or 500 penalty units (in any other case). > > > (4) In this section— > > > > rectification bond means a bank guarantee, bond or other form of security acceptable to the Secretary. > > **s 28:** Am 2021 No 23, Sch 1.12\[3\]–\[6\]; 2022 No 61, Sch 1.5\[2\].