New South Wales Repealed Acts

This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SCHEDULE 1BA

SCHEDULE 1BA – Covenants implied in strata development contracts

(Section 28I)

1 Warranted development

The developer agrees with the other parties jointly, and with each of them severally:

• 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

• that the developer must carry out any such development in accordance with the covenants set out and implied in the contract.

2 Permission to carry out warranted development and authorised proposals

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:

• the warranted development (if any), and

• such other development as is described and identified as " authorised proposals --proposed development not subject to a warranty" in the contract.

3 Body corporate expenses

The developer agrees with the body corporate that the developer will pay the reasonable expenses incurred by the body corporate:

• in repairing damage to the common property caused in carrying out the permitted development, except damage due to normal wear and tear, and

• 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 that development, and

• for additional administrative costs connected with that development, such as the cost of giving notice of and holding any meeting required to obtain approval of a strata plan of subdivision, and

• for any amounts due under the strata management statement that are connected with the carrying out of the permitted development.

4 Standard of development

The developer agrees with the other parties that:

• the standard of materials used, finishes effected, common property improvements, landscaping, roadways and paths, and

• the heights of buildings, other structures and works and the density of development,

5 Unauthorised use of the parcel

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 except:

• to the extent necessary to carry out the development permitted to be carried out by the strata development contract, or

• to such other extent as may be specified in the contract.

6 Restoration of common property

The developer agrees with the other parties to make good, as soon as is 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.

7 Restoration of development lot

The developer agrees with the other parties to make good, as soon as is 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.
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.

8 Additional covenants for vertical staged development

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:

• 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

• 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 such other parts of the parcel, or such other parts of the building and its site, as are capable of being sheltered or of enjoying that support, and

• to keep the developer insured, while permitted development is being carried out, under a policy of indemnity (that complies with the regulations) with an insurer approved for the purposes of Division 5 of Part 4 against claims for damage to property, or for death or personal injury, arising out of or resulting from the carrying out of permitted development.