Buyer Beware
Author: Scott Palin
Published: June 17, 2020
David Chandler has yet to release any official recommendations to remedy the current building woes facing State and Federal Governments of Australia. The first glimpse into Mr Chandler’s sentiment into current legislation and industry practices were evident through a remark suggesting that greater due diligence was required on behalf of prospective owners. These remarks were made in November 2019, following the concession made by Mr Chandler that an additional 200 apartment buildings across NSW had been identified which showed “significant issues” and were deemed “incomplete” despite having been certified for occupancy. Fast-forward to June 2020, with the latest apartment tower identified in Auburn Western Sydney, that Mr Chandler states as “the worst his inspected”, has compelled him to request strengthening of his state legislative powers in order to clean up the failing construction industry. The revised powers of the NSW Building Commissioner will target the core of the problem, which aims to direct the financial burden of structural flaws, general defects and fire hazards of a building back onto the developer. Mr Chandler has warned developers of the impending shift in responsibility and will also include a focus to stop these developers from manipulating people with disinformation to buy off-the-plan apartments. The new powers have been confirmed from the NSW state government and come into effect on the 1st of September 2020. Fresh laws have also been enacted in June 2020, which provide owners recourse via a duty of care on behalf of developers, which will allow owners to sue those responsible for building defects. Mr Chandler's revised legislative powers will be centred on his ability to withhold occupation certificates and strata plan registrations, which are the key documents currently employed by developers in forcing buyers to settle on properties with varying levels of defects. NSW in empowering Mr Chandler, have taken the first step in securing adequate building standards across the state. We here at Building Defects Australia hope that the new powers will stamp out developers who see the best approach to maximising their bottom line is to cut corners without any regard to apartment owners or their safety. In doing so, the developers who are doing the right thing and meeting correct standards are given greater opportunities and no longer have to compete with companies who undercut their projects by offering substandard products. Stay tuned……..