In the media

Canberra family unknowingly buys Mr Fluffy house, sparking fears of further undiscovered asbestos-filled homes
An electrician installing a bathroom fan had ventured deep into the ceiling cavity and peeled away ageing, yellow batts to find suspicious-looking fibres – dormant but potentially lethal (08 December 2021). More...

Modern codes needed for modern homes
The Housing Industry Association has released a consultation paper on identifying and breaking down the regulatory barriers holding back greater uptake of modular and prefabricated construction in new home building (1 December 2021). More...

Australian Standard AS1576.7 scaffolding part 7: Safe use of encapsulation on scaffolding is published
In May 2018 Master Builders NSW published an article on fire hazards and containment netting, after a serious fire developed on a building remediation site on Macquarie Street Sydney opposite Parliament House. Containment netting fixed to multi-storey scaffolding ignited. The fire resulted in the deployment of emergency services and required the evacuation of personnel from the work site and building (30 November 2021). More...

Mitigation checklist for holiday shutdown period
During the Christmas holiday shutdown period, under the Work Health and Safety Regulation 2017, a person with management or control of a workplace has an obligation to secure the workplace. This is outlined in "Part 6.3 Duties of Person Conducting Business or Undertaking, clause 298 Security of Workplace". Penalties apply for non-compliance (13 December 2021). More...

3D printing, prefabrication, and interior design: Construction trends for 2022
3D printing, a construction technique that once seemed like a distant dream, is now a concrete reality that shows great promise in the road towards efficient housing solutions and new typologies. (15 December 2021). More...

Off-site construction is radically changing the rules of architectural design
Despite the recent surge in interest, off-site building is by no means a new concept. In fact, the construction method has been present throughout history in many attempts to consolidate its use in construction: As far back as A.D 43, the Roman army brought with them prefabricated forts to Britain, while Japan has been building in wood off-site and moving parts in pre-assemblies for at least a thousand years (14 December 2021). More...

Practice and Courts

HIA: Have your say on changes to the building code for 2022
HIA encourages all members to take time and review the changes to the National Building Code that will impact on housing from September 2022. Have your say on changes to the building code for 2022.

Cases

Ericon Buildings Pty Limited v The Owners Strata Plan No 96597 [2020] NSWCATAP 265
APPEAL – HOME BUILDING – ancillary order – offer of consent judgment – tribunal's discretion. Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Design and Building Practitioners Act 2020; Home Building Act 1989; Strata Schemes Management Act 2015.

The Owners – Strata Plan No 79633 v Graorovska; Graorovska v The Owners – Strata Plan No 79633 [2021] NSWCATCD 103
LAND LAW – strata title – maintenance and repair of common property – access order – work order – consideration of reasonable scope of works. Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Strata Schemes Management Act 1996 (NSW); Strata Schemes Management Act 2015 (NSW).

Green v Modern Roof Restorations (NSW) Pty Ltd [2021] NSWCATCD 101
BUILDING AND CONSTRUCTION – defective and incomplete works – whether rectification is the preferred outcome. Home Building Act 1989 (NSW).

Varsani v Sunrise Pools Australia Pty Ltd t/as Sunrise Pools [2021] NSWCATAP 386
HOME BUILDING – delay by owner in respect of scope of alleged defective work – termination by builder by acceptance of alleged repudiation from delay – validity of defect notice. Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).

Douglas t/as D&C Pool & Landscape Creations v Luscombe [2021] NSWCATAP 403
HOME BUILDING – reasons for findings on expert evidence concerning aggregate size – no issue of principle. Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Evidence Act 2005 (NSW); Home Building Act 1989 (NSW).

Legislation

Regulation and other miscellaneous instruments
 Community Land Management Act 2021 (NSW)
 Community Land Management Regulation 2021 (NSW)
The Acts and Regulation commenced on 1 December 2021 and looks to "align community schemes laws with strata schemes laws, simplifying the development process and providing more modern, flexible governance arrangements for developers, residents and commercial occupants of community lands".

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.