Part 11 of the SSMA 2015

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Forums Building defects Part 11 of the SSMA 2015

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  • #231877
    dbstrata
    Member

    Good afternoon Amanda,

    I hope you’re well.

    Can you please advise if the building defect provisions under Part 11 of the Strata Schemes Management Act 2015 and Part 8 of the 2016 Regulations apply all residential strata schemes currently under a statutory defects warranty period, or only those schemes which entered into a building contract post-1 January 2018?

    Kind regards,

    dbstrata

    #231930
    Amanda Farmer
    Expert

    Hi dbstrata,

    See schedule 3, clause 16 to the Act:

    16 BUILDING DEFECTS

    Part 11 of this Act does not apply to building work if the contract for carrying out the building work was entered into before the commencement of this clause or, if there is no contract for the carrying out of the building work, the building work commenced before the commencement of this clause.

    That clause commenced 1 January 2018, so Part 11 of the Act (and, by extension, Part 8 of the Regulation), does not apply to building work if the contract was entered into before 1 January 2018.

    Amanda.

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