Section 9 - Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 - Occupation certificates and strata plan registrations not to occur in certain circumstances

9Occupation certificates and strata plan registrations not to occur in certain circumstances

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9 Occupation certificates and strata plan registrations not to occur in certain circumstances

(1) The Secretary may make an order prohibiting the issue of an occupation certificate in relation to a residential apartment building and, if relevant, the registration of a strata plan for a strata scheme in relation to a residential apartment building (a prohibition order) if any one or more of the following apply—

(a) the expected completion notice required to be given to the Secretary under this Part was not given or was given less than 6 months before the application for the occupation certificate was made (unless the expected completion notice was duly given under section 7(3)),

(b) an expected completion amendment notice of a new expected date required to be given to the Secretary under this Part was not given or was given less than 6 months before the application for the occupation certificate was made,

(c) the Secretary is satisfied that a serious defect in the building exists,

(c1) a rectification bond required under the terms of an undertaking given by the developer relating to the residential apartment building has not been provided to the Secretary,

(d) any building bond required under section 207 of the Strata Schemes Management Act 2015 in relation to the building has not been given to the Secretary,

(e) a developer, in relation to building work of the residential apartment building, fails to comply with a direction of an authorised officer under section 17 or 18,

(f) other circumstances prescribed by the regulations for the purposes of this section exist.

(2) Without limiting subsection (1)(c), the Secretary may be satisfied that a serious defect in a building exists if—

(a) a building work rectification order has been made in relation to the building and has not been revoked, or

(b) a development control order under the Environmental Planning and Assessment Act 1979 relating to defects in building work has been made in relation to the building and has not been revoked.