In the media
Residential construction heading for 31pc three-year
collapse
Australia's economy holds the world record for the longest
recession-free run, but that boom is already past its peak and
there is much worse to come, according to the latest Building in
Australia forecast from BIS Oxford Economics (10 August 2017).
More...
MBA: Senate rejects move to muzzle Building
Watchdog
Builders welcome Senate rejection of moves to abolish Building
Code 2016, stating the retention of ABCC and Code means more
schools, roads, hospitals and other crucial public infrastructure
can be delivered sooner and more efficiently (09 August 2017).
More...
Construction activity soars in July
Construction across Australia has expanded at its fastest ever pace
and is now at its highest level since the Ai Group began releasing
the Performance of Construction Index (PCI) in
September 2005 (08 August 2017). More...
MBA: Don't be fooled by the CFMEU
Master Builders Australia has today launched a campaign
highlighting the benefits of the ABCC and Building Code
2016. The campaign "Don't be fooled by the
CFMEU" aims to raise community awareness about some of the
many benefits the ABCC and Building Code (06 August 2017).
More...
Introducing a ten-point plan for Fire Safety
Reform
Responding to London's Grenfell Tower fire, the 10-point plan
announced by the New South Wales Government will ensure unsafe
building products are taken off the shelves, buildings with
problematic cladding are identified and that only people with the
right skills and experience are able to certify buildings and sign
off on fire safety (03 August 2017).
More...
Limiting depreciation deductions: What do the proposed
changes mean for quantity surveying
A closer look at draft legislation by the Australian Federal
Government that seeks to limit deductions on residential rental
property and what these proposed changes mean for quantity
surveying (03 August 2017).
More...
Tradies – the most valuable part of your toolkit
is your health and safety
To mark the start of Tradies Health Month, Safework Australia have
released a
new infographic with data and statistics on serious claims made
by tradies, and will release a collection of resources and
information throughout August to help workers specifically in the
trade industry (01 August 2017).
More...
NSW
NSW building consumers hit with thousands in unexpected
payments
Residential building customers in New South Wales are being forced
to cough up with thousands of dollars in payments over and above
what they believed they would be liable for, the consumer regulator
in that state says (10 August 2017).
More...
Uncapped tax on new housing supply will make housing
unaffordable
A Planning Circular recently issued by the NSW Government outlining
changes to the cap on local infrastructure contributions is likely
to increase the cost of housing and exacerbate the housing
affordability crisis, warns the Urban Taskforce (10 August 2017).
More...
Insurer move on cladding concern puts building owners,
certifiers at risk
Building owners could find themselves without a way to claw back
rectification costs, after insurer efforts to exclude liability for
private certifiers over non-compliant cladding. The Australian
Institute of Building Surveyors, last week wrote to members warning
that some professional indemnity insurers were imposing
'onerous exclusions' to policies in relation to
non-compliant cladding (08 August 2017).
More...
Data supports better buildings – new reporting by
certifiers
In response to the Lambert Review the NSW Government recognises
that systems to capture, use and share building certification data
can be improved. The NSW Government is committed to building this
evidence base. Later this year, local councils and A1, A2 and A3
certifiers will start reporting data to the Government about the
buildings they certify (07 August 2017).
More....
Published
ACI Construction Briefs
A fortnightly communication highlighting key updates related to
Australia's construction industry. 31 July 2017 -
ACI Construction Brief: Boom in apartments has not solved
affordability problem
Australian Bureau of Statistics
09/08/2017
Housing Finance, Australia, June 2017 (cat no. 5609.0).
02/08/2017
Building Approvals, Australia, Jun 2017 (cat no. 8731.0).
Practice and courts
ABCB: NCC readability
Work is underway to
improve how you read the NCC. A major part of this work is a
consistent set of NCC Governing Requirements. This includes
aligning Section A of Volumes One and Three, and Section 1 of
Volume Two. Feedback on the
Proposed NCC Governing Requirements is now open until 3
September 2017 (07 August 2017).
ABCB: Implementation of improved
WaterMark
Implementation of the improved Scheme commenced on 1 August 2017
(04 August 2017).
More...
NSW BPB: Fire safety: legislative amendments from 1
October
From 1 October 2017 there will be stricter requirements for the
design, approval, inspection and maintenance of fire safety systems
in complex buildings. The improved design, installation and
maintenance of building fire safety systems is a NSW Government
priority being achieved through amendments
to the EP&A Regulation (07 August 2017).
More....
NSW BPB: Certifiers must avoid both actual and perceived
conflicts of interest
Certifiers can test their knowledge with a brief set of questions
about conflict of interest provisions. Certifiers must demonstrate
independence and observe strict compliance with their statutory
obligations and the Code of
Conduct (07 August 2017).
More...
NSW BPB: /August 2017 e-news
The e-news is a regular digest of work by the Board, legislative
updates, events, training and consultation opportunities (07 August
2017).
More...
NSW BPB: Strata building bond scheme now commences 1
January 2018
The new strata building bond and inspection scheme will now
commence on 1 January 2018.
More...
Cases
Field v Commissioner for Fair Trading [2017] NSWCATOD
118
(04 August 2017) (K Ransome, Senior Member)
Home Building Act 1989; Home Building Regulation 2004
Home Building Regulation ... to the work to be performed
Legislation Cited: Home Building Act 1989; Home
Building Regulation 2004 Home Building Regulation ... that
decision by the Tribunal. Legislation the Home Building Act
1989 (the Act) is part of the legislative
scheme.
Cooper v Commissioner for Fair Trading [2017] NSWCATAD
242
(08 August 2017) (D Dinnen, Senior Member)
REVIEW - Home Building Act 1989 - Application for
qualified supervisor certificate ... 1997 Civil and
Administrative Tribunal Act 2013; Home Building Act
1989 ... decision. Catchwords: ADMINISTRATIVE REVIEW -
Home Building Act 1989 - Application for qualified
supervisor certificate.
Dyldam Developments Pty Ltd v Mewing [2017] NSWCATAP
170
(14 August 2017) (M Harrowell, Principal Member, F Corsaro SC,
Senior Member)
Civil and Administrative Tribunal Rules; 2014 Home Building Act
1989 (NSW) ... Civil and Administrative Tribunal Rules,
2014; Home Building Act 1989 (NSW) Cases Cited:
Hammond v Ozzy's Cheapest Cars ... claim" brought
in accordance with Part 3A the Home Building Act 1989
(NSW) (the HB Act).
Legislation
NSW
Work Health and Safety Regulation 2017 (NSW)
The object of this Regulation is to remake, with no significant
changes, the Work Health and Safety Regulation 2011, which
is repealed on 1 September 2017 under section 10(2) of the
Subordinate Legislation Act 1989.
Bills introduced Government – 04 August 2017
Environmental Planning and Assessment Amendment (Staged
Development Applications) Bill 2017
Environmental Planning and Assessment and Electoral Legislation
Amendment (Planning Panels and Enforcement) Bill 2017
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.