Part 5 of the Act deals with rectification orders, stop work orders, and undertakings. Section 46 of the Act, which is in Part 5, includes a definition of “property developer” that only applies to Part 5 of the Act. Section 47 of the Act, also in Part 5, introduces a definition of serious defect. Serious defects relate to defects in certain important elements of a building, such as waterproofing and fire safety systems. Any defect in relation to one of these building elements, whether minor and easily fixed defect, or a major defect that would be costly and complex to fix, will meet the definition of a serious defect.
The Registrar has discretion in relation to taking regulatory action under this Part of the Act.
