Treat it as urgent
A notice may specify a period for payment or response, and steps can follow at the end of it. Waiting to see what happens is not a strategy. Send it for review as soon as it arrives.
Off Plan Resolve Insights · Notices
Developer sent me a default notice: what should I do?
These are time-sensitive. Whatever you think of its merits, an unanswered notice is worse than an answered one.
Do not respond off the cuff
An immediate emotional reply can concede a point or accept a characterisation of events that is not accurate. It becomes part of the file and is difficult to withdraw.
Do not simply pay to make it disappear
Particularly where you have an outstanding complaint about delay, defects or changes. How a payment is made and characterised can matter later.
Check whether the instalment fell due
Where a payment is tied to a construction milestone, whether that milestone was reached is a substantive question. If you dispute it, that should be raised properly rather than by withholding payment silently.
Assemble the file
A response should be built on the documents, not on the notice alone.
- The notice, with the envelope or email showing how it was served
- The SPA and payment plan
- Every payment receipt
- Correspondence preceding the notice
- Any complaint you have already raised
If you already purchased an off-plan property and are experiencing this issue, submit your SPA to Off Plan Resolve for a case assessment.