In the media
Why a timber shortage could be behind a jump in builder
insolvencies
Andrew Clements wishes his truss business could pump out
more roofs to keep up with Australia's insatiable appetite for
building supplies, but he simply cannot get enough timber (21 June
2021).
More...
Builders back moves to boost homeownership
Federal Minister for housing announces new places and
price caps for schemes that help first home buyers overcome deposit
gap (19 June 2021).
More...
HIA report hotspots for building activity
HIA revealed Australia's strongest markets for home
building in the 2021 edition of the HIA Population &
Residential Building Hotspots Report. The report is aimed at
finding employment growth areas targeted towards builders and
tradies and identifies hotspots in all states and territories (16
June 2021).
More...
Sydney apartments should be permanently monitored for
defects, report finds
The independent report into the Skyview towers at Castle
Hill was urgently requested by the NSW Building Commissioner after
inspectors reported "extensive signs of cracking" in the
basement beneath the towers in April (25 June 2021).
More...
$5 million dollar boost to building safety
standards
The NSW Government has announced an additional $5 million
to recruit 30 new building inspectors and auditors to join NSW Fair
Trading. Minister for Better Regulation Kevin Anderson said the
funding will allow the Government to continue with its progress to
lift confidence in residential construction (22 June 2021).
More...
NSW budget focuses on productivity measures says
HIA
The NSW budget draws on the Productivity Commisioner's
White Paper, the Intergenerational Report and the review into
Infrastructure Contributions in an effort to improve the
state's productivity (23 June 2021).
More...
NSW developers face infrastructure tax reform
A new "infrastructure contributions system" will
be rolled out as part of the annual NSW budget which will directly
affect developers building transit or infrastructure-oriented
projects in the most populated areas of the state (22 June 2021).
More...
Building Commissioner halts five Sydney projects
NSW Building Commissioner David Chandler has fired a
warning shot for developers in the state, placing prohibition
orders on five apartment projects in Sydney (21 June 2021).
More...
Unlicensed builder sentenced to imprisonment, fined
$36,000
A Sydney man posing as a builder has been sentenced to
imprisonment and fined after contracting to do almost $260,000 in
work while he was unlicensed and uninsured, including leaving an
elderly man with no bathroom, kitchen or running water for more
than a year (18 June 2021).
More...
Buyers blocked from moving into Sydney apartment tower
after 'extensive signs of cracking' found
The NSW Building Commissioner intervenes to stop an
occupation certificate from being issued for a major Sydney
residential apartment complex after confirming "extensive
signs of cracking" were discovered in its basement (17 June
2021).
More...
Heritage building to be moved to make way for Parramatta
Powerhouse after court verdict
The NSW government is given the green light to relocate a
heritage building to make way for the $915 million Parramatta
Powerhouse (16 June 2021).
More...
Flammable cladding fixes on track for NSW
buildings
Remediation work to remove highly flammable cladding from
high-risk buildings in NSW is moving ahead. Fifty strata
communities of the 214 eligible residential apartment buildings in
the state have registered for the NSW government's three-year
program (16 June 2021).
More...
Published – articles, papers, reports
Further, faster, together: Opportunities for
collaboration between Germany and Australia on energy efficiency in
buildings
Commissioned by the German Federal Ministry for Economic
Affairs and Energy. It found that Germany and Australia have
complementary strengths on buildings policy and performance. Click
here to read more.
The Advancing Net Zero (ANZ) Status Report 2021
World Green Building Council: 10 June 2021 –
highlights leadership action from GBCs and the building and
construction sector towards achieving total sector decarbonisation.
Click here
for more information.
Practice and courts
ABCB consultation open: Involvement of fire authorities
in building design
A discussion paper in response to the Building Confidence
Report (BCR) is now open for public comment. The
BCR Implementation Team has developed a discussion paper seeking
views on the issue of fire authority involvement in building
design. Responses to questions in the discussion paper are welcomed
until 7 July 2021. Read more
here.
Consultation open: Guide on evidence of experience for
building surveyor registration
A discussion paper in response to the Building Confidence
Report is now open for public comment. Responses to questions in
the discussion paper are welcomed until 19 July 2021. Read more
here.
Consultation on NCC 2022 public comment draft (stage 1)
is closing soon
21 June 2021 – consultation on stage 1 of the
National Construction Code (NCC) 2022 public
comment draft is now open. This first stage of consultation seeks
comment on all proposed NCC amendments except energy efficiency and
condensation proposals that arise from project work. Responses are
invited until 2 July 2021. Click
here to find out more.
ABCB: Improvements to the code's structure and
format will be implemented for NCC 2022
To guide users through the changes, the ABCB has developed
a range of supporting resources that will be released in stages
leading up to the publication of the NCC 2022 public comment
draft.
NSW
The draft Design and Building Practitioners Regulation
2020
The NSW
Design and Building Practitioners Act 2020 provisions of the
Act will commence on 1 July 2021.
Have your say on changes to how building design and
construction is regulated in NSW
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. In response to
your feedback, we've drafted a report that explains the changes
that were made to the draft regulation. Have your say
here.
Conflicts of interest – savings and transitional
arrangements
Clause 71 of the regulation introduces savings provisions
for certain conflict of interest situations where the certifier was
appointed before 1 July 2020 and the work will be completed before
1 July 2022. The provisions relate to council-certified
developments and to developments where the certifier gave advice on
how to comply with the BCA deemed to satisfy provisions. For all
the changes, access the amendment regulation
here.
New mandatory standards for building rectification
The standard will be reviewed and updated prior to the 1
July 2021 commencement of the Government's game changing
building reform agenda underpinned by the
Design and Building Practitioners Act 2020. The first Practice
Standard will initially apply to certifiers working on residential
apartment buildings, where the majority of problems and complaints
have been received. The Practice Standard for registered certifiers
is available on
the Fair Trading NSW website.
NSW Revenue: Land tax build to rent
The NSW Government is introducing a land tax discount for
new build-to-rent housing projects until 2040 and a new Housing
Diversity SEPP to provide more housing options, greater surety for
renters, boost construction and support jobs during the COVID-19
recovery.
Cases
Ippolito v Cesco, in the matter of
Cesco
BANKRUPTCY AND INSOLVENCY – creditor's petition
– whether debtor is solvent – whether presentation of
creditor's petition is an abuse of process – where debtor
obtained orders from the Supreme Court of New South Wales for
payment of judgment debt by instalments following presentation of
creditor's petition – where debtor's mother prepared
to provide financial assistance to debtor to meet instalment
payments for judgment debt – where debtor liable to pay
applicant's costs once assessed – where no evidence that
debtor can meet liability for costs order once assessed –
debtor not solvent – no improper collateral purpose in
presenting and proceeding on creditor's petition –
sequestration order made.
The works undertaken by Mr Cesco on each of the properties are
insured in accordance with the Home Building Act 1989 (NSW). The
certificates of insurance showing Mr Ippolito as the building
owner/beneficiary and Home Warranty Insurance Policy for
Residential Building Works (Policy).
NSW
AWD Cavallo Investments Pty Ltd v
Smokevitch [2021] NSWCATAP
183
(1) Leave to appeal is refused. (2) Appeal
dismissed.
CONSUMER LAW – unfair contract terms – terms providing
for cancellation of a contract for the supply of a kitchen –
whether unfair – whether supplier had provided evidence of
amounts to which the contract provided it was entitled. On 14
August 2020 the now-respondents to the appeal (the consumers) filed
an application for a money order for $9,035 in relation to the
supply and installation of a kitchen by the now-appellant (the
supplier).
Taylormade Residential Pty Ltd v Hoare [2021]
NSWCATAP 182
APPEAL – costs – Rule 38(2)(b) of the Civil
and Administrative Tribunal Rules 2014 – whether actual costs
of rectification in homebuilding dispute should be taken into
account when determining amount truly claimed or in dispute –
whether costs should have been ordered where substantive
proceedings settled – whether proceedings unreasonably
conducted by one party – whether conduct of one party prior
to the commencement of proceedings relevant to assessment of
reasonable conduct – appeal allowed – no order as to
costs.
The costs related to home building proceedings commenced by the
homeowners with respect. Also relevant is the scheme established by
the Home Building Act 1989 (NSW) under which remedying defective
work.
Heys v
Balmain Projects Pty Ltd [2021] NSWCATAP
192
BUILDING AND CONSTRUCTION – Home Building Act 1989
– statutory warranty – proceedings for breach –
time in which proceedings to be commenced – calculation of
time – applicability of section 36 of the Interpretation Act
1987.
ADMINISTRATIVE LAW – particular administrative bodies –
NSW Civil and Administrative Tribunal – discretionary
decision on practice and procedure – failure to take into
account relevant matters.
Legislation
NSW
Bills introduced government – 25 June 2021
Environmental Planning and Assessment Amendment (Infrastructure
Contributions) Bill 2021
Bills assented to
Mutual
Recognition (New South Wales) Amendment Act 2021 No 17 –
assented to 23 June 2021. For the full text of Bills, and details
on the passage of Bills, click here.
Design
and Building Practitioners Amendment (Miscellaneous) Regulation
2021 (2021-312) – published LW 25 June 2021.
Home
Building Amendment (Medical Gas) Regulation 2021 (2021-322)
— published LW 25 June 2021
Regulations and other miscellaneous instruments
Building
and Development Certifiers Amendment (Cladding) Regulation 2021
(2021-289) – published LW 18 June 2021.
Regulations and other miscellaneous instruments –
reminder
Design and Building Practitioners Regulation 2021 (2021-152)
– this regulation commences on 1 July 2021 and is required to
be published on the NSW legislation website.
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.