New South Wales Consolidated Acts

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SCHEDULE 2 – Development contracts

(Sections 5, 9, 13, 18, 26)

1 Matters to be included

Unless clause 3 applies, a development contract that relates to a neighbourhood scheme (whether or not it is part of a community scheme) must consist of instruments, plans and drawings that are prepared in the approved form and include, but need not be limited to--

(a) a description of the land to be developed under the scheme, and
(b) a description of the amenities proposed to be provided, and
(c) a description of the basic architectural design and landscaping under the scheme and any theme on which the scheme is based, and
(d) a simple pictorial representation of the anticipated appearance of the completed development, and
(e) any other matter prescribed by the regulations.

2 Inconvenience and damage

Unless clause 3 applies, a development contract for any scheme (whether or not it is a neighbourhood scheme) must include--

(a) details of access and construction zones, working hours and any related rights over association property, and
(b) an undertaking by the developer not to cause unreasonable inconvenience to proprietors of lots in the scheme and to repair without delay any damage caused to association property or common property by development activities, and
(c) such other matters as may be prescribed.

3 Exclusion of clauses 1 and 2

If a development contract--

(a) does not require the provision of amenities under the scheme to which it relates, and
(b) does not require any work to be done by the developer on the parcel to which it relates,
clauses 1 and 2 do not apply to the development contract if it includes a certificate by the developer in the approved form.

4 Warning to be displayed

A development contract (whether or not it relates to a neighbourhood scheme) must prominently display a warning in the prescribed form that draws attention to--

(a) the possibility that the scheme to which it relates may be varied or may not be completed, and
(b) the necessity for prospective purchasers to examine the applicable management statement for details of their rights and obligations under the scheme.

5 Signature of development contract

A development contract must have been signed by the developer or the authorised agent of the developer.

6 Inclusion of other matters

This Schedule does not limit the matters that may be included in a development contract.

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