The four key reforms for discussion are:
- A requirement for buildings to be designed and constructed to plans that fully comply with the Building Code of Australia (including requirements for “building designers” (e.g. architects and engineers) to certify that the plans for proposed buildings are compliant and for builders to declare that the building has been built according to those plans);
- Requiring registration of building designers, to ensure they have the appropriate skills and insurance, and can be held accountable for their actions;
- Introduction of a new industry-wide principle of duty of care, potentially enabling subsequent home owners to seek compensation if a building practitioner (which could include builders, developers and building designers) has been negligent. This extension of the duty of care appears to be a response to High Court authorities in which builders were found not to owe a duty of care to those parties that lacked “vulnerability” (such as an owners’ corporation); and
- Appointment of a Building Commissioner to regulate all aspects of the NSW building industry, and have the power to investigate, conduct audits and enforce compliance with the regulatory requirements.
The consultation period is open until 24 July 2019 and the full discussion paper can be viewed here.
Should you require assistance preparing a submission in response to the discussion paper, please call me on 8235 9706.
Leave a comment
in focus comments policy
LTL welcomes your feedback and comments on our posts. all comments, however, will be moderated and we reserve the right not to publish any comment for any reason.
LTL in focus is primarily designed for public sector and development professionals dealing in the fields of planning, environment and government. you may, therefore, wish to consult your organisation’s social media policy before you post any comments. it should go without saying that we expect all comments to maintain a level of respect and professional courtesy.
Please note we are unable to provide specific legal advice via these comments. If you wish to engage us to provide legal advice on a matter, please contact our office directly.
In making a comment you are required to provide your email address, this will not be published on the site. if the moderator chooses to publish your comment, the name you provide will be published with your comment – it is your choice whether you provide your full name or just your first name. if you provide your full name, we may seek to verify your identity prior to publication of your first comment. If you wish your comment to be directed only to the author or moderator please make that clear – marking it NFP or Not For Publication is the easiest way. thank you for your support and happy reading – matthew mcnamara, ceo.