WE THINK WE HAVE FOUND WHAT LED TO THE DECLINE IN BUILDING STANDARDS & BUILDING QUALITY IN NSW …

MEDIA REPORTS since the cracking and evacuation of the Homebush OPAL Tower on Christmas Eve … followed by the major structural issues for Mascot Towers, the Erskineville and Zetland apartments have been targeting ‘Private Certifiers’.

Premier Gladys Berejiklian vowed the ‘full weight of the law’ for any Opal Tower wrongdoing … that her government will  “hold everyone to account” …

AND when structural cracks emptied Homebush’s Opal Tower at Christmas time, then-minister Matt Kean blamed dodgy certifiers. “I’ll throw the book at you,” he said.

Read more …

https://caanhousinginequalitywithaussieslockedout.com/2019/07/26/sydneys-stupidest-building-boom-was-born-in-a-bonfire-of-regulation/

WHY is it that the NSW Government, the Premier, the Minister for Better Regulation (both current and former), and the media … are all overlooking which GROUP, which Body is really responsible for the decline in building standards … since 1998?

BECAUSE we believe we have found it in ‘black and white’ …!! 

IN this report:

2001: TOWERS OF TROUBLE

 ‘The NSW Government introduced a scheme that offered developers an option to almost completely privatise the process

-under the change these “private certifiers” would report directly to the developers who had contracted them to inspect the buildings

EXTRACT:

The Herald has learnt that private certifiers are used in up to 30 per cent of all new buildings in NSW. 

Significantly, the majority of those jobs are the bigger projects being undertaken by the larger developers.

** Patricia Gilchrist, the executive director of the Urban Development Institute of Australia, which lobbied for the change, said the new system was working well and had cut down on the lengthy delays of the old system.

(See below ** for the UDIA ABOUT)

“I know that sometimes people see it as something a little bit perhaps sinister, but it is really not the way we see private certifiers … [They are] a spur to better service,” she said.

*”Where councils held the monopolywe felt we weren’t getting the service. It is particularly a timing issue, there were delays, and when developers have got borrowed money and when they have sold units, people are anxious to move in.”

*But Peter Woods, the president of the Local Government Associationwhich opposed the move, said he didn’t think the Government had thought the consequences through.

“Our view in local government is that it’s not just about maintaining bureaucratic control, it’s about representing people to protect their interests,” he said.

“One of those interests is to ensure quality control.

“We saw enough bad practice before private certification came in … what happens when we open the floodgates and say all we want is a signature on a piece of paper?”

Read more …

https://caanhousinginequalitywithaussieslockedout.com/2019/01/26/7609/

UDIA ABOUT …

** The UDIA is a federation of five state associations which aims to secure the economic success and future of the development industry in Australia

UDIA seeks to create awareness that national prosperity is dependent on our success in housing our communities and building and rebuilding cities for future generations.

Our members cover a wide range of specialist and industry fields, including: Developers, Valuers, Planners, Engineers, Architects, Marketers, Researchers, Project Managers, Surveyors, Landscape Architects, Community Consultants, Environmental Consultants, Lawyers, Sales and Marketing Professionals, Financial Institutions, State and Local Government Authorities, and Product Suppliers.

The change to certification came about in 1998.

*With Ms Gilchrist’s response: ”Where councils held the monopolywe felt we weren’t getting the service. It is particularly a timing issue, there were delays, and when developers have got borrowed money and when they have sold units, people are anxious to move in.”

Perhaps the delay with Councils was exacerbated due to the huge growth of development created by developers marketing their ‘new homes’ to overseas buyers? A huge market particularly in China with 1.4 Billion People!

Opal Tower.jpg

Related Article: Lessons from the cracks in Sydney’s Opal Tower go beyond building certification

https://newsroom.unsw.edu.au/news/art-architecture-design/lessons-cracks-sydneys-opal-tower-go-beyond-building-certification

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WHY IS THE NSW GOVERNMENT SINGLING-OUT BUILDING CERTIFIERS FOLLOWING THE OPAL TOWER SAGA?

 

Labor’s Better Regulation Spokeswoman, Yasmin Catley, said the Government could have acted earlier.

We debated this in the parliament just a couple of months ago and the Government had the opportunity to put in place robust regulation around the building industry, but they choose not to do that.”

WHY?  Is it because this government has enjoyed a cosy relationship with the Developer Lobby?

WHY do you suppose the NSW Government is focusing on the Building Certifier, and not the Developers who are at the Apex … who happen to be “big Liberal Party Donors”?

The Building Certifier and the Developer have enjoyed a cosy relationship … 

HOW did this “cosy relationship” come about?

WHY is it that Certifiers can tick off a particular trade if that contractor supplies a “certificate of compliance”?

COULD “private certification” also be a ruse for the blame to be laid at the feet of the Private Certifier?  Cough … cough …

WHAT about more information being available to home owners and buyers about a Developer’s disciplinary record and work history?

 

 

 

NSW Government to crack down on dodgy building certifiers following Opal Tower saga

SUNDAY 30 DECEMBER 2018

 

 

The NSW Government has announced a crackdown on dodgy building certifiers as it tries to manage the fallout from Sydney’s Opal Tower fiasco.

Key points:

  • Up to 30 per cent of certification work will be audited in NSW every year
  • Corrupt certifiers or those who have negligently signed off on an unsafe building will be booted from the industry immediately
  • Certifiers who breach the industry code of conduct will be banned from working on new buildings for a year

A crack was found in a pre-cast concrete panel inside the building on Christmas Eve, which prompted an emergency evacuation over fears the 34-storey building could have been structurally unsafe.

Some residents were allowed back into their homes, but were again ordered to get out on Thursday afternoon so a “comprehensive investigation” into the incident could take place.

The State Government has also launched its own investigation into the crack, appointing two university professors of engineering to write a report which will be made public.

But the Berejiklian Government has been under pressure to act further to allay fears about other buildings which have shot up in Sydney in recent years and Minister for Better Regulation, Matt Kean, today revealed its next steps.

“If you’re a certifier who’s done the wrong thing, I will find you and I will throw the book at you,” he told the ABC.

“I will rub you out of the industry if you’re found to be doing the wrong thing.”

The Government’s four new measures include a large compliance operation which will see 25 to 30 per cent of certification work audited every year, undertaken in a “strike force-style approach”.

“We’re looking at buildings that are currently being constructed, and buildings that have gone up in recent times,” Mr Kean said.

Under a new disciplinary policy, any certifiers found to be corrupt or to have negligently signed off on a building which is unsafe or structurally unsound will be immediately kicked out of the industry.

Certifiers who are found to have breached the industry’s code of conduct on building quality will be banned from working on new strata developments for 12 months.

 

More information will also be available to home owners and buyers about a certifier’s disciplinary record and work history.

Mr Kean said the crackdown has not been launched because he is concerned about the way the Opal Tower was certified.

“There’s an investigation going on, I want to wait until we get the results of that investigation, but what it has highlighted is further community concerns about certification in NSW,” he said.

Mr Kean also hinted more changes to the building industry may be on the way.

“Certification is one piece of the puzzle here, but there are many other parts of the building industry where we need to shine a light on what’s been going on,” he said.

“I want to make sure we do whatever is possible to give the public confidence that the buildings that they are living in across Sydney are safe.”

The Minister for Planning and Housing, Anthony Roberts, is expected to give a preliminary update on the Government’s investigation today.

Labor’s Better Regulation Spokeswoman, Yasmin Catley, said the Government could have acted earlier.

“What the Minister has done today is react to a disaster that has presented to this Government,” she said.

We debated this in the parliament just a couple of months ago and the Government had the opportunity to put in place robust regulation around the building industry, but they choose not to do that.”

Independent Sydney MP Alex Greenwich has called for a special commission of inquiry into apartment building defects to be set up.

The Opal Building’s developer, ECove, insists the building is structurally sound.

The investigation into the incident is expected to take at least another five days and residents are currently being put up in hotels around Sydney — and compensated — while they are required to be out of the building.

 

 

Sydney’s Opal Tower

 

SOURCE:  https://www.abc.net.au/news/2018-12-30/opal-tower-damage-sparks-nsw-government-crackdown/10673968

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DODGY SYDNEY BUILDINGS …ARE THEY PART & PARCEL OF THE DEVELOPER ‘STING’?

HARVEY GRENNAN co-wrote the series ‘Towers of Trouble’ 17 years ago which led to a Parliamentary Inquiry into building quality

-with the principal finding that private certification of new buildings was a conflict of interest

State Governments have consistently failed to address this

WHY?  Cough … cough … with the Developer Lobby at the Apex

report by the UNSW City Futures Research Centre in 2012 found that 85 per cent of apartments built since 2000 have major defects as with Engineers Australia Reports …

WHY does this predicament persist?   With the Developer Lobby at the Apex

WHY is it that Certifiers can tick off a particular trade if that contractor supplies a “certificate of compliance”?

COULD “private certification” also be a ruse for the blame to be laid at the feet of the Private Certifier?  Cough … cough …

 

 Sydney’s dodgy buildings due to 17 years of inaction

The problems with the Opal apartment tower at Sydney Olympic Park have raised the issue of building quality in NSW. It is not the first time.

Seventeen years ago I initiated and co-wrote an investigative series for the Herald called Towers of Trouble as the paper’s local government writer. It was about dodgy new apartment buildings.

The series led to a parliamentary inquiry into building quality and many subsequent changes to the law and some new regulatory bodies.

VIDEO:

Play Video

Inquiry into Opal Building must be made public: Daley

1:00

Inquiry into Opal Building must be made public: Daley

An investigation into the structural integrity of a recently-finished building at Sydney’s Olympic Park has been launched by the NSW Government.

 

But the one thing the state government steadfastly refused to do was address the principle finding of the series. That the system of private certification of new buildings introduced in 1998 was a conflict of interest.

Developers chose and paid their own private certifier. They still do.

The government did set up a Building Professionals Board in 2007 to police private certifiers but it took years for the BPB to be given any real teeth.

For years after Towers of Trouble I continued to write about private certifiers approving buildings that did not comply with the development application – sometimes whole storeys were illegally added – or buildings with multiple serious defects. Penalties for breaches were laughable.

 

There were cases of big developments where the strata committees would not talk because of fear of harming unit values. In one case a shocking building report on a very “prestigious” inner west development was locked in a safe so that strata searches by prospective buyers could not access it.

 

report by the UNSW City Futures Research Centre in 2012 found that 85 per cent of apartments built since 2000 have major defects; another report in 2015 found that the average cost of rectifying faults in new apartment buildings was 27 per cent of the original construction cost.

The most common – and most expensive problem – is faulty waterproofing where tiled areas have to be ripped up and replaced, often costing strata bodies millions of dollars and individual owners tens of thousands.

The Towers of Trouble series was nominated as a finalist for a prestigious Eureka Award but did not prevail. It turned out that two of the panel judges for that category represented an institution that was criticised in the report.

In those days industry bodies – not the government – accredited private certifiers. Conflict of interest was contagious.

Recently I used a private certifier myself to build a carport – something I thought I would never do. But the local council took months to approve the DA and when I asked how long it would take to issue a construction certificate they would not give me a time frame. This was for a carport!

So it’s pretty clear even to me why the government will not walk away from private certification. It would slow down development if left to councils.

The 36-storey Opal Tower was completed in August.
The 36-storey Opal Tower was completed in August. CREDIT:NICK MOIR

 

Who or what is to blame for the building issues at the Opal Tower is yet to be established.

*But one of the features of the certification system – private or council – is that a certifier ticks off a particular trade if that contractor supplies what is called a “certificate of compliance” for their work – the certifier does not have to check the work themselves, just tick off the paperwork.

It is called “self certification”trades are their own policemen. Only one of the plethora of such certificates required for a major project has to be dodgy for a building to have major problems down the track.

In October, the Minister for Better Regulation, Matt Kean, admitted for the first time for any NSW government that “it’s ridiculous that developers can choose their own certifiers” when releasing an options paper on how certifiers are appointed to projects.

Government-appointment by panel or a rotating list of certifiers so they are appointed randomly to developers is the obvious answer to the system’s inherent and sometimes corrupt conflict of interest but both sides of politics have resisted the obvious for two decades so don’t hold your breath. Developers have always had the government’s ear.

Complaints about PRIVATE CERTIFIERS rise ahead of proposed changes to system

 

GOOD!  Communities are finally bombarding Councils over PRIVATE CERTIFIERS … not too soon!

HOWEVER, why not get to the “nitty-gritty”, the core, where all this festered from?

And BOMBARD the PLANNING MINISTER’s OFFICE with your all too numerous complaints??

Private certification was introduced in 1998 enabled by the EP&A 1979 followed by a number of amendments, and then with the NSW LNP Government White Paper April 2013 to boost “economic growth” for developers hence this is what Sydneysiders have to contend with now!

The Berejiklian Government has merely proposed a different process for appointing certifiers.  For the community to choose one of three options:

-certifiers selected at random

-a list with the appointment of the “next off the rank” certifier

-a time limit for the certifier to work for the same developer (client)

WHEN really much of this new wave of development ought be pulled apart before completion!

As more projects are built, questions about how certifiers work are raised. Photo: James Alcock

Complaints about private certifiers rise ahead of proposed changes to system

Certifiers are rushing to approve developments ahead of swingeing new rules that could smash the cosy relationships between developers and the people who approve their buildings, say Sydney residents.

Balgowlah residents livid as private certifier signs off on building ‘in breach of council conditions’

A row of townhouses has been built nearly half a metre above the approved height.  A photomontage shows the building and what was originally proposed with the views lost!
Private certifiers employed by developers can sign off irrespective of Council conditions.
It appears building professionals including not only certifiers but architects can impose what they like dismissing the neighbours complaints by stating  that concessions had been made …
DEVELOPERS have enticed the NSW Govt with political donations of $hundreds of thousands for private certification, and upzoning … at a cost  of grief in the $BILLIONS to the community
Residents Ruth Goodall, Brian Hallet and Ainsley Johnstone, pictured on the deck of one of the Balgowlah units that has lost its water views. Photo: Peter Rae

Balgowlah residents livid as private certifier signs off on building ‘in breach of council conditions’

PROPERTY SECTOR WEASEL THEIR WAY OUT OF INFLAMMABLE CLADDING REPLACEMENT

WHAT is preventing the NSW Government enforcing Developers to meet the cost of removal and replacement of this highly inflammable material?

With the Lacrosse building cladding fire in November 2014 the material should have been banned, and the replacement cost borne by the developer/contractor/subcontractor from then on!

Minister for Innovation and Better Regulation, Matt Kean has gone on record as saying he believes developers should pay for the removal and replacement of the cladding. Sadly the Minister for Housing, it appears, is MIA!

MEANWHILE the developer lobby, the Property Council of Australia, proposes the government should consider funding the rectification … grunt … grunt …

 

Owners of NSW apartments with combustible cladding may need second mortgage for repairs

LAND & ENVIRONMENT COURT: RYDE UPDATE: Court slaps down proposed Dunbar Park Estate development

COMMUNITIES ACROSS SYDNEY & NSW … THE MESSAGE IS … IT CAN BE DONE!
This Marsfield Community banded together and with the support of Ryde Council have fought against a 3-storey flat development with basement parking … and WON! in the Land & Environment Court … considered by developers a reliable but costly ‘green light’ to override council and community opposition.
RYDE COUNCIL has fought this proposal all the way as it was completely out of step with the area’s amenity and character and would have seen the ludicrous notion of basement parking being introduced in a quiet residential street, Clr Laxale said.“This win will send a message to NSW MPs Victor Dominello and Anthony Roberts who are determined to impose the Medium Density Housing Code in the City of Ryde.

“Flat buildings do not belong in quiet residential streets, and the deferral they’ve suggested just isn’t good enough. Ryde needs a complete exemption.”

He said throughout the process, City of Ryde was supported by a community “determined to save our streets from overdevelopment forced on us by ill-conceived NSW Government planning policies”.

“This week’s decision from the Land and Environment Court has made the fight worthwhile,” Clr Laxale said.

“Thanks must go to all the residents involved, particularly those residents who have been involved in this process since my first notice of motion to Council way back in August 2017.”

TWT UPDATE: Court slaps down proposed Dunbar Park Estate development

Lexcen Place, Marsfield residents and Ryde Mayor Jerome Laxale in August last year campaigning against the planning proposal (TWT on-the-spot PHOTO)

A NSW Land and Environment Court decision to refuse a proposed controversial Dunbar Park Estate development has delivered a crucial community victory and another blow to the state’s troubled planning laws.

City of Ryde said the judgement handed down Wednesday by Commissioner Peter Walsh was a “huge win for residents”.

The planning proposal involved demolition of an existing single dwelling in Lexcen Place, Marsfield and its replacement with a residential flat building comprising four apartments.

A statement issued by City of Ryde today hailing the victory, featured a TWT photograph of Ryde Mayor Jerome Laxale with residents from last August, shortly after the TWT-backed campaign against the development began.

https://weeklytimes.com.au/dunbar-dads-welcome-vote-to-protect-their-family-homes/embed/#?secret=GEICTEniHx

Legislative chaos

Residents sought an urgent rezoning of Dunbar Park Estate and Mayor Laxale obliged, proposing – with the unanimous endorsement of Council – it be changed  from R3 to R2, a lower-density zoning which normally wouldn’t permit residential flat developments.

The same August 22 (2017) Council meeting formally refused the development application “based on a range of factors, including the proposed development being inconsistent with the character of the local area”.

The developer, Raffi Yessaeian, then took the well-trodden path of appeal in the Land and Environment Court – considered by developers a reliable but costly ‘green light’ to override council and community opposition.

A year-long court process again left the community in limbo, while there were also delays in the rezoning process and in April, the introduction of new laws to “fast track” the supply of medium density housing.

Under the changes, Lexcen Place-style developments would potentially be permissible as complying development in all residential zones, with as little as the stroke of a private certifier’s pen.

The development application for consideration by the Land and Environment Court was “modified considerably” to narrow City of Ryde’s contentions.

But that was ultimately not enough to overcome other issues with the proposal – particularly in relation to parking – Commissioner Walsh  sensationally dismissed the  appeal and with it, the revised application.

Commissioner Walsh sensationally dismissed the appeal

and with it, the revised application.

Ryde Council fight

“Council has fought this proposal all the way as it was completely out of step with the area’s amenity and character and would have seen the ludicrous notion of basement parking being introduced in a quiet residential street,” Clr Laxale said.

“This win will send a message to NSW MPs Victor Dominello and Anthony Roberts who are determined to impose the Medium Density Housing Code in the City of Ryde.

“Flat buildings do not belong in quiet residential streets, and the deferral they’ve suggested just isn’t good enough. Ryde needs a complete exemption.”

He said throughout the process, City of Ryde was supported by a community “determined to save our streets from overdevelopment forced on us by ill-conceived NSW Government planning policies”.

“This week’s decision from the Land and Environment Court has made the fight worthwhile,” Clr Laxale said.

“Thanks must go to all the residents involved, particularly those residents who have been involved in this process since my first notice of motion to Council way back in August 2017.”

 

 

https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2Fjeromelaxale%2Fposts%2F2032860776746085&width=500&show_text=true&appId=1092290034257499&height=752

Both Clr Laxale and Ryde MP, Mr Dominello, took the opportunity to express opposition to the development on two separate occasions in February and August this year, during court hearings held at the proposed site.

Mr Dominello took to social media to announce the court’s decision soon after it was handed down.

“We have won the fight against overdevelopment at Dunbar Estate,” he  wrote.

“I am glad the Court’s judgement has taken the community’s wishes into consideration.”

SOURCE:  https://weeklytimes.com.au/twt-update-court-slaps-down-proposed-dunbar-park-estate-development/

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THE BUILDING PROFESSIONALS BOARD … DISCIPLINARY DECISIONS … concerning Certifiers!

 

The scene at Frazer St, Collaroy.

 

THE BUILDING PROFESSIONALS BOARD … DISCIPLINARY DECISIONS … concerning Certifiers!

http://bpb.nsw.gov.au/engage-certifier/disciplinary-decisions

Disciplinary decisions
A A

The Building Professionals Board promotes education and awareness as a way to avoid legislative breaches and other concerns about building and subdivision.

However, if necessary, the Board has significant powers under the Building Professionals Act 2005 to investigate the professional conduct of accredited certifiers and take disciplinary action against certifiers who fail to undertake their role in accordance with our requirements.

The Board’s disciplinary powers

The Board investigates complaints against accredited certifiers and accredited bodies corporate. The Board may also commence an investigation at any time if, for example, we receive information that raises serious concerns about a certifier.

Read roles in enforcement for more detail about the enforcement powers of the Board and other parties in building and construction.

Disciplinary actions
If the Board makes a finding of unsatisfactory professional conduct or professional misconduct against a certifier, one or more of the following disciplinary actions may be taken:

caution or reprimand the certifier
impose conditions on the certifier’s certificate of accreditation
order the certifier to undertake specific education courses by a certain time
order the certifier to report to the Board on his or her practices in a certain manner
impose a fine up to $110,000
order the certifier to pay compensation to the complainant of up to $20,000
suspend or cancel the certifier’s accreditation
order that the certifier cannot reapply for accreditation within a specified period
order no further action be taken
refer the matter to the NSW Civil and Administrative Tribunal for a disciplinary hearing.

Most disciplinary actions against accredited certifiers are for minor breaches of legislation, but the Board considers repeated minor breaches when deciding what action to take.

Register of disciplinary decisions

Register of disciplinary decisions by certifier surname A-K

http://bpb.nsw.gov.au/register-disciplinary-decisions-k

Register of disciplinary decisions by certifier surname A-K (page 2)

http://bpb.nsw.gov.au/register-disciplinary-decisions-k-continued

Register of disciplinary decisions by certifier surname L-Z

http://bpb.nsw.gov.au/register-disciplinary-decisions-l-z

Register of disciplinary decisions by certifier surname L-Z (page 2)

http://bpb.nsw.gov.au/register-disciplinary-decisions-l-z-continued

 

More in this section

What type of certifier do I need
Working with a certifier
Find a certifier
Find a swimming pool certifier
Replace a certifier
Rights and responsibilities

Forms

Disciplinary decisions

I need information about:

What a certifier does
Finding or replacing a certifier
Swimming pools & certification
Accreditation renewal / change
Becoming a certifier
Complaining about a certifier
More information: Disciplinary penalty guidelines

News
01 Mar
BPB webinar recording now available

28 Feb
New EP&A Act to commence 1 March 2018

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