Detached home building to remain strong throughout 2022
"Demand for new detached and multi-unit housing has remained strong, suggesting that the current boom in home building will be sustained throughout 2022," stated HIA Chief Economist, Tim Reardon (19 November 2021). More...

Opal Tower builder under fire over other projects
The NSW Building Commissioner has taken aim at the builder involved in multiple projects across the city embroiled in legal action with apartment owners (22 November 2021). More...

NSW government protecting regional apartment buyers
As the building and construction sector continues to flourish and grow in regional NSW, the NSW Government will be inspecting developments in the North Coast to ensure that buildings are being built and constructed to the highest standards of compliance and safety (18 November 2021). More...

Published – articles, papers, reports

BIM and Beyond: Design in Architecture 2021
Australian Institute of Architects and NBS: November 2021.
Aims to assist architectural practices in future-proofing their operations with data that informs investment decisions and examines the use of Building Information Modelling in architectural practice today and forecasts its uptake in years to come. The report cites a number of surveys and overseas studies. Read more here.

ABCC Industry Update – 16 November 2021
The November issue of Industry Update puts a spotlight on sexual harassment in the construction industry by sharing key statistics, case studies, and findings of the Respect@Work report. Learn about the Fair Work Commission's new powers, including what they mean for building industry participants and how to access them if you experience sexual harassment. Read the Industry Update – November 2021 edition.

Practice and courts

ISCA: The Draft Culture Standard for the Construction Industry
 The ISv2.1 Rating Scheme tackles this head on through workforce sustainability credits, rewarding projects for effectively addressing strategic workforce planning and bringing into focus the most material issues for people in the construction workforce. The ISCA sees three areas that the Culture Standard could further address: The IS wider view of diversity and inclusion, modern slavery and nature of subcontracting. The consultation period on the draft Culture Standard closes on 17 December 2021. Provide feedback on the draft Culture Standard here.

ABCB: Which version of an NCC referenced document applies and when?
Knowing which NCC referenced document to use can be confusing, especially when they are updated between NCC amendment cycles. The use of a Deemed-to-Satisfy Solution must use the version of the referenced document listed in Schedule 4 of the NCC. Check out this article for more guidance on understanding NCC referenced documents (18 November 2021). Read more here.

ABCB WMTS:535–2021: Public comment draft round 1
For public comment Technical Specification for the WaterMark Certification Scheme. This specification includes requirements for air valves for plumbing applications. Closes 2 December 2021. Read more here.

GBCA: Registrations for Green Star – Design & As Built close 17 December 2021
At the time of launch we announced a transition period: Whereby applicants could register projects using either Green Star – Design & As Built, or Green Star Buildings. This transition period ends on 17 December 2021 and applicants will no longer be able to register their projects under Green Star – Design & As Built. Read more here.

EPA: National Asbestos Awareness Week: Think twice about asbestos and know where to look
Your home might be the 1 in 3 that has asbestos so if you're considering DIY renovations or maintenance the EPA wants you to get in the know, take it slow and get a pro (23 November 2021). Read more here.

Residential Apartment Buildings (Compliance and Enforcement Powers) Act orders register
Orders are issued by the Building Commissioner under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. Read more here.

Guide for design practitioners and engineers
Consult Australia, Engineers Australia and the Australian Institute of Architects have joined forces to develop the Guide for design practitioners and engineers to help their members tackle the recent NSW Building Confidence reforms. There are multiple new obligations on design practitioners, engineers and building practitioners throughout the life of a building under the NSW Design and Building Practitioners Act 2020 and the Design and Building Practitioners Regulation 2021.

Cases

Woolaston t/as AAA Z Prop Maintenance v Robertson [2021] NSWCATAP 382
1. Time is extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 to lodge the appeal.
APPEAL – consumer contract – home building – unlicensed works – no issue of principle.
Australian Consumer Law; Civil and Administrative Tribunal Act 2013 (NSW) – ss 50(2), 41, 80; cl 12 of Sch 4; Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW).

Vella v LB Dellit Pty Ltd t/as Dellit Design and Construct [2021] NSWCATAP 376
COSTS – HOME BUILDING – whether relevant considerations taken into account on exercise of discretion.
Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81, Sch 4 cll 12; Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A.

Raffie v JIH Building Designs Pty Ltd [2021] NSWSC 1512
CIVIL PROCEDURE – appeal from decision of NCAT Appeal Panel – Fair Trading Act – competency of appeal – UCPR 50.16 – no question of law raised – whether decision of tribunal member at first instance appealable – affected paragraphs dismissed as incompetent.
The dispute was in relation to the provision of design services by the defendant to the plaintiff. It appears that the plaintiff claimed the sum of $59,756.79.

Frangieh v City of Canada Bay Council [2021] NSWLEC 1720
APPEAL – Building Information Certificate – consent orders in previous civil enforcement proceedings not complied with – complying development certificate landscaping plan not complied with – orders.

Modern Design Wardrobes Pty Ltd v Clayton [2021] NSWCATAP 378
APPEALS – consumer claim – contract for the supply and installation of wardrobes – defects in design and installation – breach of statutory warranties – money order directed against supplier and cost of removal – whether decision was contrary to the evidence or otherwise unreasonable – whether Tribunal considered the rights of the appellant – whether money order should have been made – whether costs of removal should be awarded against appellant.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Modern Design was ordered to pay the respondents the sum of $10,306 immediately.

Day v Quince's Quality Building Services Pty Ltd (No 2) [2021] NSWCATAP 373
COSTS – discretion to award costs – general rule is each party is to pay their own costs – where party has been unsuccessful on some issues – where those issues have not significantly added to costs.

Shaw v Niru Construction Pty Ltd & Anor (No.3) [2021] NSWDC 624
COSTS – multiple defendants – plaintiff successful against company first defendant only – whether plaintiff should pay costs of director second defendant where same legal representatives were retained – application for Sanderson order – application for exemption from statutory cap for costs.

The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068
BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – statutory duty under s 37 – application to amend Technology and Construction List Statement – whether sufficient merely to identify the alleged defects – whether necessary to plead the risks the builder was required to manage and the precautions the builder should have taken to manage those risks.

Legislation

Environmental Planning Instruments
State Environmental Planning Policy (Housing) 2021 (2021–714) – published LW 26 November 2021
State Environmental Planning Policy Amendment (Fire Sprinkler Systems) 2021 (2021–715) – published LW 26 November 2021

Regulations and other miscellaneous instruments
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (2021–689) – published LW 26 November 2021
Environmental Planning and Assessment Amendment (Housing) Regulation 2021 (2021–692) – published LW 26 November 2021

Bills introduced – government – 19 November 2021
 Licensing and Registration (Uniform Procedures) Amendment Bill 2021
Home Building Act 1989 No 147 – [1] Section 19 Application to contractor licences of Licensing and Registration (Uniform Procedures) Act 20022; Home Building Regulation 2014; Clause 42 Certificates of registration may be issued in digital or physical form.

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.