As a newly created standalone regulator, the new NSW Building Commission recently announced new proposed laws to enhance its powers and resources to eradicate substandard practices which led to high-profile disasters like Mascot Towers.
Funded by a $24m provision within the last NSW state budget, the Office of the Building Commissioner (David Chandler) will no longer sit within the NSW Fair Trading sector.
As commissioner, Chandler is expected to assume full control of regulating, licensing and overseeing the sector and over time is expected to have up to 400 staff.
“Buying a home is the great Australian dream, Building Commission NSW will help make sure it doesn’t turn into a nightmare,” said Chandler.
Cabinet status
In recognition of the contribution the sector makes to the NSW economy, the state’s Premier Chris Minns has for the first time given the sector cabinet-level status – following Anoulack Chanthivong’s appointment as Minister for Building.
One of its overarching remits is to staunch the number of newer builds coming to market with significant defects.
“Home buyers in NSW can be confident that we’ve got a tough cop on the beat in the building industry, ensuring that they can have confidence in the quality of the home they’re buying,” said Premier Minns.
Licence to roam
Assuming proposed new laws pass through Macquarie Street without being contested, Chandler will as commissioner be licenced to inspect any apartment or free-standing home in NSW for flaws.
Underscoring the need to uncover defects early is that it compels builders to get them fixed before completion.
Other legislative changes designed to rid dishonest or fraudulent behaviour from the NSW building sector – which has seen the licenses of four building certifiers cancelled this year – include:
- Measures to prevent and penalise intentional “phoenixing” activities in the construction industry by cancelling or refusing licenses. To the uninitiated, phoenixing is the illegal practice of liquidating or winding up a company to avoid paying its debts.
- New responsibilities across the building products supply chain, ensuring that all products used in buildings are safe, compliant, and suitable for their intended use.
- As previously covered within this masthead, the NSW government has also committed to developing a pattern book of endorsed housing designs for low-rise and mid-rise buildings up to six stories.
- Boost the capacity of smaller builders to deliver quality medium-density housing through initiatives like BuiltIt NSW.
Premier state for DLI
Coinciding with its new Building Commission, NSW has become the country’s first state to offer decennial liability insurance (DLI) which provides a decade-long guarantee against serious defects.
“In recent years we’ve heard horror stories about defects in apartment buildings but we’re turning the tide with Building Commission NSW,” said Premier Minns.
Earlier this week, the recently completed 67-unit building Parq, in the south-western Sydney suburb of Bexley, became the first building in Australia to be covered by DLI.
As a result, Parq can claim to have any defects repaired for up to a decade after completion, regardless of whether their builder is operating or not.
