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Exempt Development Update

Posted 22 November 2022

Category: Strata

Many in the strata industry will be surprised to discover that what they thought was exempt, is not exempt development.

If planning approval is required for remedial works it’s important to obtain it before the works commence.

There’s many reasons, including:

  • To avoid substantial penalties and stop work, removal or remediation orders issued under the Environmental Planning & Assessment Act 1989.
  • To avoid stop work, removal or remediation orders under the Design and Building Practitioners Act 2020 being imposed on the building practitioner.
  • To avoid contractor terminating the contract for that failure.
  • To avoid exclusion from the strata scheme’s insurance in respect of those illegal works.
  • Please click the links below for an exploration of some commonly remediated building elements.


***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.


Bannermans Lawyers

Published 22 November 2022

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