New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 81 (1))
The developer agrees with the other parties jointly, and with each of them severally--
(a) that the developer must carry out the development, if any, described and identified as "warranted development--proposed development subject to a warranty" in the strata development contract, and
(b) that the developer must carry out the development in accordance with the covenants set out and implied in the contract.
The parties, other than the developer, jointly and severally agree with the developer that the developer is permitted to carry out, in accordance with the covenants set out or implied in the contract--
(a) the warranted development, if any, and
(b) other development described and identified as "authorised proposals--proposed development not subject to a warranty" in the contract.
The developer agrees with the owners corporation that the developer will pay the reasonable expenses incurred by the owners corporation--
(a) in repairing damage to the common property caused in carrying out the permitted development, other than damage due to normal wear and tear, and
(b) for any water, sewerage, drainage, gas, electricity, oil, garbage, conditioned air or telephone service, and any other service prescribed by the regulations, used in carrying out the permitted development, and
(c) for additional administrative costs connected with the permitted development, including the cost of giving notice of and holding any meeting required to obtain approval of a strata plan of subdivision, and
(d) for any amounts due under the strata management statement that are connected with the carrying out of the permitted development.
The developer agrees with the other parties that--
(a) the standard of materials used, finishes effected, common property improvements, landscaping, roadways and paths, and
(b) the heights of buildings, other structures and works and the density of development,in all development permitted to be carried out by the contract must not be inferior to or substantially different from those of the completed buildings and other structures and works forming part of the parcel, other than to the extent, if any, specified in the contract.
The developer agrees with the other parties that the developer will not use any part of the parcel or cause any part of the parcel to be used other than--
(a) to the extent necessary to carry out the development permitted to be carried out by the strata development contract, or
(b) to the extent specified in the contract.
The developer agrees with the other parties to make good, as soon as practicable, any damage to the common property or any part of the building and its site that is not subject to the strata scheme arising out of performance of the contract, whether or not the contract contemplates or permits the damage.
(1) The developer agrees with the other parties to make good, as soon as practicable, any damage to a development lot or any part of the building and its site that is not subject to the strata scheme arising out of performance of the contract, whether or not the contract contemplates or permits the damage.
(2) For the purposes of this covenant,
"damage" does not include damage necessarily resulting from having carried out, in accordance with the contract, development that is permitted by the contract to be carried out.
If the contract permits development to be carried out within a development lot that is wholly or partly directly above or below a part of the parcel, or the building or site, that is not a development lot, the developer agrees with the other parties--
(a) to minimise any disruption caused to other occupiers of the parcel or other occupiers of a building of which the development lot forms part by the carrying out of permitted development or otherwise, and
(b) to ensure that, while permitted development is being carried out, shelter and subjacent and lateral support, consistent with proper engineering and building practices, are provided to other parts of the parcel, or other parts of the building and its site, that are capable of being sheltered or of enjoying the support, and
(c) to keep the developer insured, while permitted development is being carried out, under a policy of indemnity (that complies with the matters prescribed by the regulations) with an approved insurer within the meaning of the Strata Schemes Management Act 2015 against claims for damage to property, or for death or personal injury, arising out of or resulting from the carrying out of permitted development.