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.