Australia: Residential Focus - 16 August 2017 - Part 2

Last Updated: 21 August 2017
Article by Christine Jones and Cameron Sheather

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.

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Authors
Christine Jones
 
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