NSW builders would owe Duty of Care, be easier to sue for faulty work under proposed Laws

Will these new rules have holes in them big enough to drive a truck through?


RETROSPECTIVE means … looking back on or dealing with past events or situations.

SO therefore current owners … those who have purchased properties prior to these changes will not be covered by the new laws … thus deve-lopers have dodged a bullet …

BECAUSE … Quote …

‘ The changes will not be retrospective, so any owners of properties that experience issues in the future will not be covered by the new laws.

WILL all the Regulations … with DEREGULATION having taken place especially since 1993 in the Building Industry … be restored?

NSW builders would owe duty of care, be easier to sue for faulty work under proposed laws

By Antonette Collins

23 OCTOBER 2019

cracked wall and plaster next to door

PHOTO: The cracks in Opal Tower were partly because of incorrect installation of concrete panels. (Supplied: Weibo)

RELATED STORY: Apartment owners say Mascot Towers is on unstable ground due to ‘loss of soil’

RELATED STORY: ‘Absolute stupidity’: Opal Tower’s multi-million-dollar repair bill revealed

Home owners would be in a better position to take legal action against dodgy builders under new laws being introduced by the NSW Government.

Key points:

  • The building commissioner said the changes could be a “game-changer” and would help shore up the construction industry
  • The laws would mean builders must register their plans and a duty of care would be owed to owners
  • Penalties would be in excess of $100,000 for dodgy work

The proposed reforms come after the building disasters of Sydney’s Opal Tower and Mascot Towers, where major cracking pushed all owners out.

The tougher regulations would mean builders and designers are required to register plans for key elements like water-proofing to ensure they are carried out in compliance with building standards.

The new laws also state that a duty of care is owed by a person who carries out construction work, making it easier for home owners to sue their builder if things go wrong.

Building commissioner David Chandler said this will be the first in a series of legislative changes to help shore up the industry.

“We’ve got to stop making up construction in the field. So the first thing that we’re going to get here, is we’re going to get documentation that is completely, properly declared as being fit for construction,” he said.

“That’s a leap — that is huge. All of the designers out there acknowledge the fact that that’s a game-changer straight away.”

Renewed trust in ‘great Australian dream’

Minister for Better Regulation Kevin Anderson said the legislation would restore confidence among residential buyers.

Those that do the wrong thing, those who cut corners, hopefully they will be gone,” he said.

“This is the start of the process that industry has been calling for. We want to fix the problems right at the start.”

He said there would be significant penalties set out in the regulations, in excess of $100,000 for corporations and individuals.

“What we’re doing today is, we’re drawing a line in the sand to fix those problems right at the start so mums and dads who buy into residential apartments in Sydney, in NSW, will have confidence that their dream — the great Australian dream — is as the plans that have been declared in that building.”

The changes will not be retrospective, so any owners of properties that experience issues in the future will not be covered by the new laws.

SOURCE: https://www.abc.net.au/news/2019-10-23/dodgy-builders-to-face-hefty-penalties-under-new-nsw-laws/11631874