Orders issued by the Building Commissioner under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) are now available for inspection on the NSW Department of Fair Trading website. 

Under the RAB Act, the Building Commissioner can make a Prohibition Order. This will prohibit the issue of an occupation certificate and/or the registration of a strata plan for a residential apartment building when:

• An expected completion notice was not given or was given less than 6 months before the application for the occupation certificate was made.
• An expected completion amendment notice was not given or was given less than 6 months before the application for the occupation certificate was made.
• A serious defect in the building exists.
• A building bond has not been given.

Current Stop Work Orders and Building Work Rectification Orders can be viewed on the Orders Register.

Prior to issuing one of the Orders above, the Building Commissioner may serve a Warning Notice. This will give the party served 2 days to provide representations to explain their position. If you have received a Warning Notice get in touch with MBA Legal today. 

Orders are issued by the Building Commissioner under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.