Repairing NSW Building Laws

2012 is a busy year for NSW strata stakeholders.  Apart from the major review of strata and community title laws the Office of Fair Trading is also undertaking a review of the Home Building Act.


That's the law that controls the construction of residential buildings (including strata buildings) and provides consumer protections for building quality.  So, it's pretty important to strata corporations who inherit what's developed and built and have complete responsibility for it.


The issues paper for the review identifies a  lot of issues, but of particular interest for strata stakeholders are the following areas.

In relation to the statutory warranties: Definition of “completion”; Subsequent purchasers; Sub-contractors responsibility for statutory warranties; Maintenance schedule for strata buildings; Refining existing statutory warranties to including requiring homeowners to mitigate losses; and Definition of “structural defects”


In relation to dispute resolution:  Compel homeowners to allow licensees back on site to rectify defects & Disputes over $500,000


In relation to home warranty insurance:  Exemptions from home warranty insurance (including high-rise exemption); Section 92B of the Act - where all work at an address is covered; and Providing optional “top-up” cover


As you can see these are very important issues which have peculiarly adverse impacts on strata buildings.  So, make sure you have your say and push for better (not less) protections.


You find out more about the review and download the issues paper here. 


Francesco ...