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 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].