30 October 2024
8 min read
#Property, Planning & Development, #Construction, Infrastructure & Projects
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On 25 October 2024, the Strata Schemes Management Regulation 2016 (NSW) was amended to further postpone the increase of the contract price for building work payable by developers of strata schemes as a building bond from two per cent to three per cent.
Assuming that there are no further postponements, which depends on the level of maturity in the decennial liability insurance market (being the government’s preferred alternative to the building bond), the increase will now commence on 1 July 2025.
For more information about the building bond and decennial liability insurance, read our previous discussion here.
Authors: Christine Jones & Brandon Thai
The housing fight has made it to the streets. Now for the hard part
In an unprecedented national cabinet meeting, the leaders agreed to co-operate to unleash housing supply, most importantly by diluting the planning power of councils. Much attention went to the target set at that meeting of 1.2 million new homes over five years, which was ambitious on any assessment and which many doubt will be met (23 October 2024). Read more here.
Property lobby rejects key Coalition housing policy, after standing behind Peter Dutton during announcement
The country’s biggest property lobbyists stood beside Peter Dutton to announce the Coalition’s $5 billion housing announcement, including a 10-year freeze on any changes to the national construction code. The Property Council CEO Mike Zorbas has since issued a statement to the ABC and written an opinion piece clarifying he actually supports the “regular review” of the code (23 October 2024). Read more here.
Why retrofitting homes to be more resilient to natural disasters makes emotional and financial sense
For nearly a decade, Sasha Mainsbridge has lived on a flood plain where the risk of flood is a part of life. But she wasn't prepared for what was to come when the Brunswick River, immediately behind her Mullumbimby home, flooded in February 2022. In the aftermath, she faced the mammoth task of rebuilding. It came with the added challenge of what she called a "pretty disappointing" lack of information from the NSW Government and a "hard no" from her insurance companies to rebuild with more flood-resilient modifications (22 October 2024). Read more here.
Revoking ‘zombie’ development approvals could cost the NSW Government millions, MP says
Two NSW Parliamentary inquiries are examining historical development consents, known as “zombie Das.” A community group advocating for koalas on the New South Wales mid-coast battling “zombie Das” (development approvals) has left its members “exhausted” and “traumatised.” Consent authorities can revoke old approvals, but there are concerns around compensation for developers (22 October 2024). Read more here.
NSW builders say housing is hamstrung by state insurance scheme
The NSW Government has launched a review of the Home Building Compensation fund. Critics of the scheme say it is driving people out of the industry, pushing up costs and hindering housing supply (17 October 2024). Read more here.
How straw panels can provide effective protection against bushfires
Straw might seem like the very last product you'd use to make your house fire-resistant. But as it turns out, straw panels, made from waste material that's otherwise burned off or discarded, are a secret weapon against flames. As well as being a handy way to prevent fire damage and heat or cold transfers (making buildings more energy-friendly), the straw panels also put a waste product to good use (16 October 2024). Read more here.
New Key Worker Accommodation arrives in Narrandera
Three new key worker accommodation units have been delivered to Narrandera Health Service as part of the NSW Government’s $45.3 million Key Worker Accommodation Program. Minister for Regional Health Ryan Park announced installation of the units is now underway off Adams Street on the north side of the campus (29 October 2024). Read more here.
$4 million extra funding for improved access to advice and advocacy for tenants as part of plan to make renting fair
The network of 21 local not-for-profit organisations, help tenants to understand their rights, support them during negotiations and in resolving disputes, and assist and advocate for them at the NSW Civil and Administrative Tribunal. Funded by NSW Fair Trading, these services will be boosted by $1 million extra a year until 2028. In 2024-25, funding has increased to $16.2m (29 October 2024). Read more here.
More homes for Canterbury, Berala and North Strathfield
Earlier this year, the NSW Government formed agreements with 12 of the 13 councils with TOD locations in their local government area, for how these reforms would be implemented. Canterbury-Bankstown Council is the first council to take up the Minister of Planning and Public Spaces’ challenge of completing its own masterplan that goes above and beyond the TOD provisions with the proposed plans providing capacity for a potential 3,200 new homes around Canterbury station (29 October 2024). Read more here.
Pafburn Pty Limited (ACN 003 485 505) & Anor v The Owners Strata Plan No 84674 [2024] HCATrans 70
Deutsch Services Pty Ltd v Apex Bespoke Pty Ltd [2024] NSWCATAP 193
APPEALS – Leave to appeal –
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW)
Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Statutory warranty under section 18B – time limit of statutory warranty under section 48K(7) – “major defect” for purposes of section 18E(1)(b)
APPEALS – internal appeal under section 80 of the Civil and Administrative Tribunal Act 2013 as of right “on any question of law” – relevant principles regarding leave to appeal – whether a late redraft of the grounds of appeal requires an extension of time – whether to grant leave to extend time – the importance of articulating a question of law with precision
Tang v Secretary, Department of Customer Service [2024] NSWCATOD 168
ADMINISTRATIVE LAW – Home building – application to vary licence – individual contractor licence – application of Instrument – qualification requirements
Administrative Decisions Review Act 1997; Home Building Act 1989 (NSW); Licensing and Registration (Uniform Procedures) Act 2002 (NSW); National Vocational Education and Training Regulator Act 2011
Marriott v Secretary of the Department of Customer Service [2024] NSWCATOD 169
ADMINISTRATIVE LAW – Home building – application for individual contractor licence – application of Instrument – experience requirements
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Licensing and Registration (Uniform Procedures) Act 2002
Commissioner for Fair Trading v Aboukalam [2024] NSWCATAP 205
APPEAL – administrative review – statutory construction – section 25 of the Home Building Act 1989 (NSW) – requirement to find the applicant to be a fit and proper person – adverse inferences where applicant did not give evidence – whether inferences sought were conjectures – whether finding that applicant was fit and proper was legally reasonable.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW); Firearms Act 1996 (NSW); Home Building Act 1989 (NSW); Interpretation Act 1987 (NSW); Motor Dealers and Repairers Act 2013 (NSW); Plumbing and Drainage Act 2011 (NSW)
Government Bills
Energy Amendment (Long Duration Storage and Investment) Bill 2024 – introduced LC 24 October 2024
Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 – introduced LA 16 October 2024, passed LA 23 October 2024, introduced LC for concurrence 24 October 2024
Royal Botanic Gardens and Domain Trust Amendment Bill 2024 – introduced LA 25 September 2024, passed LA 18 October 2024, introduced LC for concurrence 22 October 2024
Passed by both Houses
Residential Tenancies Amendment Bill 2024 – introduced LA 15 October 2024, amended in LA 23 October 2024, passed LA 23 October 2024, introduced LC for concurrence 24 October 2024, amended in LC and referred to LA 24 October 2024, LA agreed to LC amendment 24 October 2024, passed by both Houses 24 October 2024
Agriculture Commissioner Bill 2024 – introduced LC 17 September 2024, amended in LC 15 October 2024, passed LC 15 October 2024, introduced LA for concurrence 16 October 2024, passed by both Houses 18 October 2024
As made
Environmental Planning and Assessment Amendment (Certification) Act 2024 No 72 – assented to 23 October 2024
Regional Communities (Consultation Standards) Act 2024 No 70 – assented to 23 October 2024
Water Management Amendment (Water Access Licence Register Reform) Act 2024 No 69 – assented to 23 October 2024
Strata Schemes Management Amendment (Strata Bond) Regulation 2024 No 9 – assented to 25 October 2024
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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