New South Wales Consolidated Regulations

PROPERTY AND STOCK AGENTS REGULATION 2022 - REG 60

60 Misrepresentation by licensee or registered person by failing to disclose material facts--the Act, ss 4 and 52

(1) For the Act, section 52(1)(b), the following kinds of material facts are prescribed--

(a) within the last 5 years the property has been subject to flooding from a natural weather event or bush fire,

(b) the property is subject to significant health or safety risks,

(c) the property is listed on the register of residential premises that contain loose-fill asbestos insulation required to be maintained under the Home Building Act 1989 , Part 8, Division 1A,

(d) within the last 5 years the property was the scene of a crime of murder or manslaughter,

(e) within the last 2 years the property has been used for the purposes of the manufacture, cultivation or supply of a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 ,

(f) the property is, or is part of, a building that contains external combustible cladding--

(i) to which there is a notice of intention to issue a fire safety order or a fire safety order has been issued requiring rectification of the building regarding the external combustible cladding, or

(ii) to which there is a notice of intention to issue a building product rectification order or a building product rectification order has been issued requiring rectification of the building regarding external combustible cladding,

(g) the property is, or is part of, a building where a development application or complying development certificate application has been lodged under the Environmental Planning and Assessment Act 1979 for rectification of the building regarding external combustible cladding,

(h) one or more of the following orders, within the meaning of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 , is in force in relation to the property--

(i) a building work rectification order,

(ii) a prohibition order,

(iii) a stop work order.

(2) In this section--

"building product rectification order" has the same meaning as in the Building Products (Safety) Act 2017 .

"external combustible cladding" and
"fire safety order" have the same meanings as in the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 .