In the media
House price falls to continue as new loans dry up
New home lending has fallen to an almost eight-year low
pointing to ongoing weakness in property prices (12 October 2018).
More...
COAG Economic Reform Council should target housing
affordability
The Property Council of Australia has welcomed Shadow
Treasurer Chris Bowen's proposal for the creation of a new
independent COAG Economic Reform Council to drive long-term reform
priorities, and called for its first focus to be on housing
affordability (11 October 2018).
More...
Tradies to get relief with 13 home building licence
renewal fees greatly reduced
Tradies will save $52.3 million over 10 years by not
having to renew their licences every three years, as part of the
NSW government's Better Business reforms (10 October 2018).
More...
There's an enormous number of homes under
construction in NSW and Victoria at a time when prices are already
falling
Created using data released by the Australian Bureau of
Statistics (ABS), it shows the total number of
homes that were under construction in New South Wales and Victoria
as at the end of June this year. According to the ABS, there were a
record 87,882 homes under construction in New South Wales at the
end of June, the highest level on record (10 October 2018).
More...
Published - articles, papers, reports
ABCC Industry update September - October
2018
Industry update is ABCC's bi-monthly online
newsletter. It provides updates on the latest activities of the
ABCC, industry trends, and emerging issues (09 October 2018).
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry (15 October 2018).
More...
Australian Bureau of Statistics
12/10/2018
Housing Finance, Australia, August 2018 (cat no. 5609.0)
10/10/2018
Building Activity, Australia, Jun 2018 (cat no. 8752.0)
In practice and courts
ABEC: GBCA: Future Homes Project
GBCA have launched their Future Homes Project and
accompanying Thought Leadership paper. The Future Homes Project
aims to develop a framework for quality housing and test ways to
verify the construction and performance of homes. In order to
deliver affordable, sustainable, quality homes to for all
Australians (17 October 2018). More...
ABCB Accessible Housing Options Paper:
consultation
The ABCB's
Accessible Housing Options Paper has been released for public
consultation. The Options Paper provides a preliminary menu of
options and costings on the possible inclusion of a minimum
accessibility standard for housing in the NCC. Feedback on the
Options Paper is invited until Friday 30 November 2018.
MBA NSW Reminder: HBCF Premium changes from 2 October
2018
The biggest changes are to C01 – New Dwelling
Construction and C09 – New Duplex, Dual Occupancy, Triplex
and/or Terrace (attached) construction which will have base rate
premium increases of 44% and 46% respectively.
More...
BPB: Options to improve and strengthen certifier
independence
Public consultation on the Options Paper –
'Improving Certifier Independence' is open until 30 October
2018.
The options paper is seeking feedback on three methods for
appointing certifiers that will increase certifier independence.
NSW consumers can check the register of accredited certifiers
through the BPB website.
More...
New dates for Environmental
Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. While most of the changes will
commence on 1 March 2018, there will be a number of other changes
that will involve further design and consultation from mid to late
2018 outlined here.
Cases
Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom
Exchange (No 2) [2018] NSWCATAP
233
HOME BUILDING – Where statutory warranty breached in
relation to size of showers – whether damages or
rectification appropriate remedy - Civil and Administrative
Tribunal Act 2013 (NSW), s 36(1), s 50, s 80(3).
Civil and Administrative Tribunal Rules 2014 (NSW), r 38; Fair
Trading Act 1987 (NSW), ss 79R, 79T, 29U, 79V; Home
Building Act 1989 (NSW), ss 18B(1), 48O, 48MA.
David Cameron Jones t/as Oz Style Homes v Panchal
[2018] NSWCATAP 238
BUILDING AND CONSTRUCTION – Home Building
jurisdiction of the Tribunal – whether time limits on
jurisdiction in s 48K of the Home Building Act apply
separately to each claim brought in an application or whether each
application constitutes one "building claim" –
whether in considering whether to make a work order requiring
rectification by the builder it is a relevant consideration that
there are defects for which the builder has not been found liable
which the home owner will need to employ other builders to
rectify.
WORDS AND PHRASES – "building claim".
Appeal dismissed.
Civil and Administrative Tribunal Act 2013 (NSW); Civil
and Administrative Tribunal Rules 2014 (NSW); Home Building Act
1989 (NSW) s 48A, s 48K, s 48MA; Home Building Amendment
Act 2011 (NSW); Home Building Amendment Act 2014
(NSW); Interpretation Act 1987 (NSW).
P & N NSW Pty Ltd t/as Euro Solar v Park (No
2) [2018] NSWCATAP 242
CONSUMER CLAIM – Order for compensation.
PRACTICE AND PROCEDURE - New hearing pursuant to s 80(3) of the
Civil and
Administrative Tribunal Act 2013 (NSW)
The Owners-Strata Plan 89023 v AT Building Pty Limited
and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust;
Jayanthi and Shikaram v AT Building Pty Limited and Mowbray Road
Pty Limited as trustee for... [2018] NSWCATCD
33
HOME BUILDING - Individual components of a fire safety system a
major defect - completion of residential building work on issue of
interim occupation certificate - limitation period for bringing
claim for breach of statutory warranty in respect of other defects
- preferred outcome.
Hartley v McRae [2018] NSWCATCD
31
Section 48MA of the Home Building Act 1989 - Work
orders - Prime cost items - undocumented variations.
Maher v The Pines Resort Management Pty Ltd T/as
Gateway Lifestyle The Pines; Marsh v The Pines Resort Management
Pty Ltd T/as Gateway Lifestyle The Pines
[2018] NSWCATCD 35
RESIDENTIAL (LAND LEASE) COMMUNITIES – Site fee
increase – Whether notice of site fee increase valid –
Whether site fee increase excessive.
Legislation
Bills
National
Housing Finance and Investment Corporation Amendment Bill
2018
18/10/2018 - The National Housing Finance and Investment
Corporation Amendment Bill 2018 (the Bill) amends
the National Housing Finance and Investment Corporation Act 2018
(the NHFIC Act) to establish a $1 billion special
account to support the National Housing Finance and Investment
Corporation (NHFIC).
New South Wales
Bills introduced Government – 19 October
2018
Building and Development Certifiers Bill 2018
Fair Trading Legislation Amendment (Reform) Bill 2018
Proclamations commencing Acts
Fair Trading Legislation Amendment (Consumer Guarantee Directions)
Act 2018 No 43 (2018-578) — published LW 11 October
2018
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.
