In the media
Housing prices rose in January 2024 and are anticipated
to keep going up if rates come down
House prices are on track to continue rising
across the country, propelled by renters and migrants wanting to
buy their own homes and buyers trying to get in ahead of interest
rate cuts expected later this year. Data from CoreLogic shows that
house prices rose nationally, up 0.4 per cent in the month of
January (compared to 0.3 per cent in December), and 8.7 per cent
across the year (1 February 2024). Read more
here.
Australian construction company St Hilliers goes into
administration
Major construction company St Hilliers has been
placed into voluntary administration, halting work on 21
multimillion-dollar development projects around Australia. WLP
Restructuring was appointed as voluntary administrator of seven
entities within the Sydney-based St Hilliers group of companies on
Sunday (5 February 2024). Read more
here.
Councils turn to artificial intelligence to tackle
'frustrating' development approval wait
times
Councils grappling with construction delays are
hoping artificial intelligence will be a silver bullet in the fight
against ballooning development backlogs. The NSW government has
received "keen interest" in a new program that involves
giving town planners access to advanced AI tools, with the NSW
Department of Planning claiming its $5.6 million AI program has the
potential to revolutionise the development process and dramatically
reduce time frames (5 February 2024). Read more
here.
Homes NSW will rebuild the social and affordable housing
system in NSW
Homes NSW has officially been launched, a key
election commitment to tackle the state's housing crisis by
brining together housing and homelessness services of the NSW
Department of Communities and Justice (DCJ) with NSW Land and
Housing Corporation (LAHC), the NSW Aboriginal Housing Office
(AHO). Homes NSW is tasked with turbocharging the construction,
maintenance and repair of social and affordable homes across the
state (2 February 2024). Read more
here.
Owners fear more damage to homes over bulldozing fix at
'sinking' Western Sydney suburb
Eighteen houses in the defect-plagued and
often-dubbed "sinking suburb" in Western
Sydney, will be bulldozed for not meeting the developer's
"quality standards". Lendlease was first made aware that
parts of the Jordan Springs East estate, near Penrith, were sinking
in 2018, causing major cracks and defects in some of their
constructions. Since starting a compensation scheme in 2020, the
developer has bought back more than 50 homes (29 January 2024).
Read more
here.
NSW Building Commissioner says Macquarie Park
development is 'not at risk of failure' despite defects
being found
The NSW Building commissioner says a Sydney
apartment and retail development is "not at risk of
failure" despite a building work rectification order
(BWRO) issued to the developer this week saying it
was "at threat of collapse". In its BWRO, Building
Commission NSW said parts of the basement and ground floor at 23
Halifax were found to have "serious damage" due to
"defective workmanship". The BWRO published January 2024
called the developer to "remediate the serious and/or
potential serious defects" identified (18 January 2024). Read
more
here.
NSW Premier says the State will not meet its housing
target, but is doing its best to boost supply
The NSW Premier Chris Minns said the government
would fall short of the goal set by the federal government in
August 2023: an average of 75,000 new dwellings a year over the
next five years. This is part of a broader plan to build 1.2
million homes across Australia during that period. However, the
government says it is currently "working through a series of
reforms" to boost supply (18 January 2024). Read more
here.
Owners Corporation Network proposes new e-bike,
e-scooter rules to reduce fire risk in apartments
The Owners Corporation Network (OCN), an
independent body representing apartment owners, has drafted a model
by-law on the management of e-bikes and e-scooters after a series
of fires sparked by lithium-ion batteries. If adopted by strata
schemes, the by-law would also ban residents from storing cheaper
imported models, modified, or damaged e-bikes on the property (10
January 2024). Read more
here.
Why did land values go backwards in NSW while property
prices boomed?
A new report shows NSW land values fell in 2023
despite house prices rising throughout the year. The NSW valuer
general, who sets land values for rating and taxing, found an
overall decrease of 1.6 per cent in the year to July. The NSW
valuer general, who sets land values for rating and taxing, found
an overall decrease of 1.6 per cent in the year to July (10 January
2024). Read more
here.
Mascot Towers apartment owner-occupiers offered sale to
third party consortium
A potential settlement for owner-occupiers at
Mascot Towers in Sydney has been offered, more than four years
after they were forced to evacuate the defect-ridden apartment
building. Under the proposal, individual owner-occupiers would be
able to sell their apartments to a third party consortium, as
opposed to having to sell as a collective. However, 75 per cent of
those who own apartments in the building must agree to the proposal
for it to go ahead (6 January 2024). Read more
here.
Home buyers turn to fixer-uppers as property listings
plummet
Real Estate Institute of Australia president
Hayden Groves said more home owners were undertaking renovations in
the wake of the COVID-19 pandemic. In 2021, Australians poured a
record of more than $12.3 billion into home renovations, according
to data from the Australian Bureau of Statistics. Between January
and August this year, home owners have already spent $8 billion on
renovations nationally (6 January 2024). Read more
here.
Australian property values rose 8.1 per cent in 2023.
Here's what the market has been doing in your
area
Australia's property prices rose 8.1 per cent
nationally over 2023, an unlikely upswing in the face of rising
rates. With only two states and territories recording an annual
drop in house values — Hobart (0.8 per cent), and Darwin (0.1
per cent) — the largest uplifts were seen in Perth (15.2 per
cent), Brisbane (13.1 per cent), and Sydney (11.1 per cent). Values
across regional markets were up 4.4 per cent in 2023. Despite the
mixed bag of results, national dwelling values remained 31.3 per
cent above where they were before the COVID-19 pandemic (3 January
2024). Read more
here.
Publications
New Bradfield City Centre master plan revealed in major
step for Western Sydney Aerotropolis
The NSW Government has released the Bradfield
City Centre Master Plan (the Plan) which is
considered "one of the biggest economic development projects
undertaken in Australia" and is now open for community
feedback. The Plan sets out a framework for future development
within the new 114-hectare city, five times the size of Barangaroo,
at the heart of the Western Sydney Aerotropolis. The draft Plan is
on exhibition and open for feedback until Monday, 4 March 2024 (5
February 2024). Read more
here. View the Plan
here.
New Apartment Energy Efficiency Handbook released
– National Construction Code
The new Apartment Energy Efficiency Handbook (the
Handbook) provides guidance on the energy
efficiency requirements for Class 2 apartment buildings. It also
complements the Housing Energy Efficiency Handbook released earlier
in 2023 (20 December 2023). Read the Handbook
here.
Cases
Unique Building
and Construction Services Pty Ltd v Gray [2024] NSWCATAP
16
APPEALS – Australian
Consumer Law – no question of principle.
Civil and Administrative Tribunal Act 2013 (NSW), ss 27, 80, cl 12
of Sch 4; Retail Leases Act 1994 (NSW).
The Owners –
Strata Plan No 53865 v JPG Investments Pty Ltd [2024] NSWCATAP
12
LAND LAW – Strata title – Consent of owners corporation
to the lodging of a development application to works affecting
common property – s 232(6) Strata Schemes Management Act
2015 – Mandatory considerations –Relevant
considerations – Applicable principles.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Environmental Planning
and Assessment Act 1979 (NSW); Strata Schemes Management Act 2015
(NSW).
Singh v Building
Commission NSW [2024] NSWCATOD 7
REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to
cancel registration as a certifiers pursuant to section 48 of the
Building Professionals Certifiers Act 2018 (NSW).
PRACTICE AND PROCEDURE – INTERLOCUTORY ORDER –
application for stay – factors relevant to exercise of the
power to stay decision under section 60 of the Administrative
Decisions Review Act 1997 (NSW).
Administrative Decisions Review Act 1997; Building and Development
Certifiers Act 2018; Building Professionals Act 2005.
The Owners –
Strata Plan NO. 64807 v Sunaust properties Pty Ltd [2024]
NSWCATCD 2
PRACTICE AND PROCEDURE – Transfer of proceedings from
Consumer and Commercial Division of NCAT to a court – Sch 4
cl 6 of the Civil and Administrative Tribunal Act 2013 –
effect of Sch 4 cl 5 (jurisdiction to determine issues) on power of
transfer – relevant considerations in determining whether to
transfer proceedings.
Civil and Administrative Tribunal Act 2013 (NSW); Residential
Tenancies Act 2010 (NSW); Strata Schemes Management Act 1996 (NSW)
(repealed); Strata Schemes Management Act 2015 (NSW)
Mourad v
Commissioner for Fair Trading [2024] NSWCATOD 5
ADMINISTRATIVE REVIEW – Registration under the Design and
Building Practitioners Act 2020 (NSW) – Cancellation of
deemed registration – whether the Applicant is a suitable
person.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Design and Building
Practitioners Act 2020 (NSW); Design and Building Practitioners
Regulation 2021 (NSW).
The Owners – Strata Plan NO 4393 v Roberts (No 2) [2024]
NSWCATCD 1
LAND LAW – Strata title – civil penalty –
contravention of Tribunal orders – s 247A Strata Schemes
Management Act 2015 – multiple breaches of orders –
amount of penalty – when maximum penalty might be imposed
– whether penalty should be paid to applicant owners
corporation.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management
Act 2015 (NSW).
Orfali v Commissioner for Fair Trading [2024] NSWCATOD
4
ADMINISTRATIVE REVIEW – Registered certifier – Whether
disciplinary grounds established – Whether decisions to
cancel applicant's registration and disqualify him from
registration for 10 years are the correct and preferable
decisions.
Administrative Decisions Review Act 1997 (NSW); Building
Professionals Act 2005 (NSW) (repealed); Building and Development
Certifiers Act 2018 (NSW); Building and Development Certifiers
Regulation 2020 (NSW); Building Professionals Regulation 2007 (NSW)
(repealed); Environmental Planning and Assessment Act 1979 (NSW);
Environmental Planning and Assessment Regulation 2000 (NSW)
(repealed); Environmental Planning and Assessment Regulation 2021
(NSW); Standard Instrument—Principal Local Environmental Plan
(2006 EPI 155a) (NSW); State Environmental Planning Policy
(Affordable Rental Housing) 2009 (NSW) (repealed); State
Environmental Planning Policy (Housing) 2021 (NSW); Strata Schemes
Development Act 2015 (NSW); Swimming Pools Act 1992 (NSW).
TCM Construction Group Pty Ltd v Neich [2024] NSWCATAP
4
APPEAL – appeal from orders requiring the appellant to remedy
defective work-whether a question of law arises – whether
there is a ground for leave to appeal to be granted-conflicting
evidence of expert witnesses.
Civil & Administrative Tribunal Act 2013 (NSW); Home Building
Act 1989 (NSW).
TPG Telecom
Limited v Inner West Council [2023] NSWLEC 1778
APPEAL – development application – telecommunications
facility – monopole with headframe – proposed on the
site of an existing substation adjacent to heritage listed Callan
Park – impact on setting and views to heritage item –
visual impact – compatibility with character of the area
– issues of site selection.
Callan Park (Special Provisions) Act 2002; Environmental Planning
and Assessment Act 1979, ss 4.15, 4.16, 8.7; Inner West Local
Environmental Plan 2022 cl 1.8A; Interpretation Act 1987, s 30A;
Leichhardt Local Environmental Plan 2013, cll 1.2, 5.10, 6.1, 6.2;
State Environmental Planning Policy (Biodiversity and Conservation)
2021, Pt 6.3, s 6.65, Ch 10; State Environmental Planning Policy
(Resilience and Hazards) 2021, s 4.6; State Environmental Planning
Policy (Transport and Infrastructure) 2021, s 2.143; Sydney
Regional Environmental Plan (Sydney Harbour Catchment) 2005;
Uniform Civil Procedure Rules 2005, r 31.27.
Legislation
Regulations
Strata
Schemes Management Amendment Regulation 2024 (2024-9) –
LW 19 January 2024
Environmental Planning Instruments
Bathurst
Regional Local Environmental Plan 2014 (Amendment No 23) (2024 EPI
17) – LW 2 February 2024
Queanbeyan-Palerang
Regional Local Environmental Plan 2022 (Amendment 4) (2024 EPI
3) – LW 12 January 2024
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.