In the media
Stable population growth will support building
activity
Stable population growth is a welcome development for the
residential building industry as it will support the industry as it
recalibrates to a new equilibrium level, states the HIA's
Economist (19 September 2019).
More...
What is the National Construction Code and what is it
all about?
The National Construction Code is often referred to in
various contexts by those in the building and construction industry
and outside. This article seeks to provide a primer or summary of
the main reasons for and effects of the Code (13 September 2019).
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Feedback sought on mandatory requirements for
performance solutions
Mandatory requirements for the development of performance
solutions could be inserted into the National Construction Code
under proposals currently under consideration to improve the
accountability surrounding performance requirement processes and
accountability (13 September 2019).
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First home buyer deposit scheme moves ahead
HIA welcomes the Government's introduction of the
National Housing Finance and Investment Corporation Bill providing
a platform to establish the First Home Loan Deposit Scheme
announced during this year's Federal election (13 September
2019).
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Product Recall: 4mm toughened glass 9th September
The ACCC have issued an alert related to a recall of 4mm
toughened safety glass distributed everywhere in Australia other
than Western Australia and the Northern Territory (10 September
2019).
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First home buyers surge
First home buyers are continuing to take advantage of
aless competitive environment land more affordable house prices.
The number of loans to first home buyers was up by 1.3 per cent for
the month and 4.0 per cent for the three months to July, according
to the HIA (09 September 2019).
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Bamboo lights a fire under Australian construction
industry
Bamboo is fast becoming a popular choice in Australia for
flooring and furniture, but Mr Gutierrez said global construction
industries could be transformed if building regulations
incorporated bamboo as a structural building material option (09
September 2019).
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New EPA guides to help the construction industry
properly dispose of waste
The NSW Environment Protection Authority
(EPA) has published two new guidance documents to
help the construction and demolition industry strengthen their
procurement and contract processes around waste disposal (17
September 2019).
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In practice and courts
ABCB: Let us know your views on the development of
performance solutions!
Complete our online survey to have your say (12 September
2019).
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New Australian Standards
CER: Public consultation open for changes to solar
postcode zones
The Clean Energy Regulator is proposing updates to
postcode zones for small-scale technologies under the Small-scale
Renewable Energy Scheme. The changes will affect the number of
small-scale technology certificates for eligible systems in certain
postcodes. If agreed, the changes will come into effect from 1
October 2019.
More...
GBCA important deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
NSW Fair Trading: Security of Payment laws start
soon
The Building
and Construction Industry Security of Payment Amendment Act
2018 and the Building
and Construction Industry Security of Payment Amendment Regulation
2019 will commence on 21 October 2019.
More...
BPB releases summary of key audit findings for
2019
The Building Professionals Board has released a summary of
key findings so far from its 2019 program of certifier audits. Read
more about the audit program, including the objectives and
summary of findings. As audits continue, more findings will be
added (August 2019).
NSW Fair Trading: Part 6 of the
EP&A Act postponed until 1
December 2019
The Part 6 provisions of the Environmental Planning
and Assessment Act have been postponed and will now start on 1
December 2019. This delay will allow time for the sector to adjust
to the regulatory changes that have been progressing around fire
safety and the Building and Development Certifiers Act
2018.
More...
Planning Circular – Commencement of Part 6
(building and subdivision certification provisions)
FAQ - Occupation certificate
FAQ - New mandatory compliance powers for private principal
certifiers
FAQ - New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of Planning,
Industry and Environment via email.
More...
Cases
Dyldam Developments Pty Ltd v The Owners – Strata Plan No
85305 [2019] NSWCATAP
229
HOME BUILDING – Time to commence proceedings –
consideration of interim and final occupation certificates –
collateral review.
Building Professionals Act 2005 (NSW); Building
Professionals Regulation 2007; Civil and Administrative
Tribunal Act 2013 (NSW); Charter of Rights and
Responsibilities Act 2006 (Vic); Conveyancing Act
1919 (NSW); Interpretation Act 1987 (NSW);
Environmental Planning and Assessment Act 1979 (NSW);
Environmental Planning and Assessment Amendment Act
2017(NSW); Environmental Planning and Assessment Regulation
2000; Home Building Act 1989 (NSW); Home Building
Amendment Act 2011 (NSW); Home Building Amendment Act
2014 (NSW).
Noureddine v Barbalace Construction Pty Ltd
[2019] NSWCATAP 223
APPEAL - Costs – Successful party – Exercise
of discretion.
Elias v
McGauley [2019] NSWCATAP
237
APPEALS - Civil procedure - Extension of time for appeal -
Service of documents on corporation- procedural fairness--
APPEALS - Building and Construction - Rectification of defective
building work - Damages - Sale of property without rectification -
Effect on assessment of damages.
Nationwide
Builders Pty Ltd v Le Roy [2019] NSWCATAP
220
HOME BUILDING – rectification and completion costs
– damages for late completion
DISCRETION – order making power under s 48O of Home Building
Act – application of preferred outcome principle.
DB Homes
Australia Pty Limited v Kes [2019] NSWCATAP
221
APPEALS - Building and Construction – Contract
– Repudiation - Adequacy of findings.
Stefanis v
Oneview Construction Pty Limited [2019]
NSWCATAP 218
APPEAL – Expert evidence - Section 18F defence
– Leave to appeal.
Legislation
Regulation
Work
Health and Safety Exemption (Construction Induction Training Card -
Workers) 2019
18/09/2019 - This instrument exempts workers on overseas
construction work within the responsibility of the Department of
Foreign Affairs and Trade from the requirement to keep a general
construction induction training card available for inspection.
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.