New South Wales Consolidated Regulations

STRATA SCHEMES MANAGEMENT REGULATION 2016 - REG 46A

46A Documents to be provided to building inspector by developer

(1) For the purposes of section 198A(1)(b) of the Act, the following are prescribed--

(a) a copy of the initial maintenance schedule relating to the strata scheme,

(b) copies of the following documents relating to the building work--

(i) the contract or contracts between the developer and the builder,

(ii) any specifications and any variations (including any "issued for construction" and "as-built" drawings and specifications and particulars of approved performance solutions to meet the performance requirements of the Building Code of Australia ),

(iii) any written warranties,

(iv) any schedule of samples (being samples of fixtures, fittings, materials and finishes) approved by the developer for use in the building work,

(v) any development consents, approvals or certificates granted or issued under the Environmental Planning and Assessment Act 1979 ,

(vi) in the case of building work involving a performance solution in respect of a fire safety requirement under the Building Code of Australia --any report prepared by or on behalf of an accredited practitioner (fire safety) in relation to the performance solution that was required in connection with an application for a certificate under the Environmental Planning and Assessment Act 1979 ,

(vii) any certificates relating to the design of the building work that were required in connection with an application for a development consent, approval or certificate under the Environmental Planning and Assessment Act 1979 ,

(viii) any report obtained by the developer or builder relating to the inspection of the building work.

(2) A reference to specifications and variations under subclause (1)(b)(ii) includes the following documents in relation to the building work--

(a) the construction issued regulated designs for the building work provided under the Design Regulation, clause 16(1)(a),

(b) the varied regulated design provided under the Design Regulation, clause 17(1)(b),

(c) the regulated design for the new building element or performance solution provided under the Design Regulation, clause 17(1)(d),

(d) a regulated design that contains additional details provided under the Design Regulation, clause 18(2)(b),

(e) a design relied on by the building practitioner to carry out the regulated building work and provided under the Design Act, Schedule 1, clause 3(3),

(f) a design relied on by the building practitioner to carry out Crown building work and provided under the Design Act, Schedule 1, clause 4B(3).

(3) For the purposes of the Act, section 198A, documents required to be provided by the developer of a strata scheme are taken to be provided in accordance with that section if the documents are lodged by another person in accordance with the Design Act.

(4) Words used in this clause have the same meanings as in the Design Act.

(5) In this clause--

"accredited practitioner (fire safety)" includes a fire safety practitioner for things done before 1 July 2020.

"Design Act" means the Design and Building Practitioners Act 2020 .

"Design Regulation" means the Design and Building Practitioners Regulation 2021 .