In the media
Building Stronger Homes Roundtable generates ideas to
support homes against natural disasters
The Building Stronger Homes Roundtable convened by the
Insurance Council of Australia and Master Builders Australia has
proposed a number of disaster mitigation and resilience initiatives
that will help to strengthen existing homes and communities against
extreme weather events (19 February 2021).
More...
Housing construction eclipses records
Construction on new houses will hit a record high this
year, however, there are concerns this boom could be short-lived.
Demographic shifts and HomeBuilder boosted this number however land
constraints will limit new builds according to HIA (18 February
2021).
More...
Offshore interest accelerates build-to-rent
Australia's booming build-to-rent development industry
grew almost 70 per cent in the past 12 months off the back of
substantial offshore investment (15 February 2021). More...
Melbourne and Sydney tipped to be next BTR investment
hotspots
Melbourne and Sydney are tipped for a Build-to-Rent
(BTR) boom, says Assael Architecture, which has
designed many key UK BTR projects backed by large institutions such
as L&G, Grainger and Essential Living. More than 30 major BTR
projects, totalling 11,667 homes, have been confirmed in Australia
over the 12 months (12 February 2021).
More...
Global Resiliency Dialogue: The use of climate data and
assessment of extreme weather event risks in building codes around
the world
The Global Resiliency Dialogue have published their first
report about the current integration of climate data and assessment
of extreme weather events in building codes around the world. The
survey that was undertaken by the core members of the Global
Resiliency Dialogue, with participation from countries in North
America, Europe, Asia and Oceania (12 February 2021).
More...
Statement from Governing Council on review into RICS
strategic direction
RICS Governing Council met on 10 February 2021 and
initiated a review into the strategic direction and priorities of
RICS. The Governing Council believes that the time is right to
review the key pillars of its business plan (11 February 2021).
More...
Renewed push to make new homes accessible for all
More than 30 organisations have signed a letter to the PM
urging new accessibility standards in the national construction
code (11 February 2021).
More...
Developers forced to fix defects after commissioner
wields new powers
The NSW Building Commissioner has shown he will not
hesitate using one of his strongest powers to clean up the
construction industry, issuing prohibition orders on several
projects (19 February 2021).
More...
NSW gives green light for $1 billion north-west town
centre
The creation of a town centre in Sydney's north-west
has been approved by the NSW Government. Minister for Planning and
Public Spaces Rob Stokes says the new town centre will offer a
diversity of housing for people with different lifestyles and open
space that will include a park and plaza (18 February 2021).
More...
Green light for more solar in strata
The NSW Government has delivered on its promise to drive
clean, reliable and affordable energy in NSW through the passage of
new amendments in Parliament that make it easier to install
renewable energy into strata buildings (17 February 2021).
More...
NSW Government starts process to remove high-risk
cladding
The NSW Government has announced further details on the
project to facilitate the removal of high-risk combustible cladding
from residential apartment buildings across the State. Project
Remediate would provide interest-free, 10-year loans, to Owners
Corporations to enable and fast-track the safe removal of high-risk
cladding (11 February 2021).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
Building Approvals data for small geographic areas
10 February 2021 – updated information – Building
Approvals, Australia
Practice and courts
ABCB: Global Resiliency Dialogue survey findings
15 February 2021 – The ABCB, through the ABCB
Office, is participating in a Global Resiliency Dialogue with
counterpart organisations in Canada, New Zealand and the United
States. Read more
here.
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
on 10 May 2021.
Adoption of NCC 2022 to be delayed
The delayed adoption will also see adjustments to key
dates in the amendment cycle process for NCC 2022 to allow
stakeholders time to participate. These adjusted dates
include:
May – July 2021: NCC 2022 Public Comment Draft released for
public consultation
May 2022: NCC 2022 Preview published here
If you have any questions regarding the delayed adoption of NCC
2022, please submit an
online enquiry.
ABCB Consultation RIS: Lead in plumbing products in
contact with drinking water
As part of the ABCB's Lead in Plumbing Products
Project, a Consultation Regulatory Impact Statement
(RIS) on lead in plumbing products in contact with
drinking water was opened. The ABCB invites comment from all
stakeholders using the online consultation form until 1 March 2021.
Read more
here.
ABCB Consultation: Independent third party review
A discussion paper for independent third party review is
now open for public consultation. Recommendation 17 of the Building
Confidence Report (BCR) proposes that "each
jurisdiction requires genuine independent third party review for
specified components of design and/or certain types of
buildings." Responses to questions on the discussion paper,
outlined in the consultation form, are invited until 28 February
2021. Read more
here.
ABCB discussion paper: Mandatory on-site inspections for
building work is now open for public consultation
Recommendation 18 of the Building Confidence Report
proposes that "each jurisdiction has mandatory on-site
inspections of building work at identified notification
stages." Responses to questions on the discussion paper,
outlined in the consultation form, are invited until 28 February
2021. Read more
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.
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. The draft
Design and Building Practitioners Regulation includes registration
schemes for design and building practitioners and engineers who
work on multistorey, multi-unit residential apartment buildings.
The Government will finalise the Regulations in early 2021, ready
to be implemented on 1 July 2021.
Have your say and read more
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.
NSW Revenue: extension to HomeBuilder grant
On 29 November 2020 the Australian Government announced an
extension to the HomeBuilder program until 31 March 2021. Read more
here.
Cases
NSW
JIH Building Design Pty Ltd & Anor v
Raffie [2021] NSWCATAP
32
ADMINISTRATIVE LAW – Civil and Administrative
Tribunal (NSW) – question of law – construing terms of
agreement. Cl12 sch 4 leave grounds.
Civil & Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014; Fair Trading Act 1987
(NSW).
Edrees v Commissioner for Fair Trading
[2021] NSWCATAD 32
MERITS REVIEW – building and construction –
home building – Home Building Act 1989 – experience
– working overseas – instrument.
Legislation
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Build-to-rent
Housing) Regulation 2021 (2021-41) – published LW 12
February 2021
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.
