New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 48D

48D Investigation of dispute

(1) The Secretary may appoint an employee of the Department to investigate any matter that has given rise to a building dispute.

(2) After completing an investigation, an inspector must cause a written report to be prepared on the results of the investigation and cause copies of the report to be given to the complainant and the person with whom the complainant is in dispute.

(3) For the purposes of making an investigation in relation to common property in a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ), an inspector may enter and inspect the common property at the request of the owner of a lot in the scheme concerned.

(4) The owners corporation, any person who has exclusive use of the common property concerned and any caretaker or manager of the common property are to provide such assistance as is reasonable to enable an inspection of that common property to be carried out by an inspector under this section.

(5) For the purposes of making an investigation in relation to association property in a scheme (within the meaning of the Community Land Management Act 2021 ), an inspector may enter and inspect the association property at the request of the owner of a lot in the scheme concerned.

(6) The relevant association that has the use of the association property concerned and, if the use of that association property has been restricted to a particular owner or owners, any such owner, and any caretaker or manager of the association property are to provide such assistance as is reasonable to enable an inspection of that association property to be carried out by an inspector under this section.

(7) For the avoidance of doubt, a person may be authorised under section 126 by the Secretary for the purposes of this section.