In the media

Stable population growth will support building activity Stable population growth is a welcome development for the residential building industry as it will support the industry as it recalibrates to a new equilibrium level, states the HIA’s Economist (19 September 2019). More...

What is the National Construction Code and what is it all about? The National Construction Code is often referred to in various contexts by those in the building and construction industry and outside. This article seeks to provide a primer or summary of the main reasons for and effects of the Code (13 September 2019). More...

Feedback sought on mandatory requirements for performance solutions Mandatory requirements for the development of performance solutions could be inserted into the National Construction Code under proposals currently under consideration to improve the accountability surrounding performance requirement processes and accountability (13 September 2019). More...

First home buyer deposit scheme moves ahead HIA welcomes the Government’s introduction of the National Housing Finance and Investment Corporation Bill providing a platform to establish the First Home Loan Deposit Scheme announced during this year’s Federal election (13 September 2019). More...

Product Recall: 4mm toughened glass 9th September The ACCC have issued an alert related to a recall of 4mm toughened safety glass distributed everywhere in Australia other than Western Australia and the Northern Territory (10 September 2019). More...

First home buyers surge First home buyers are continuing to take advantage of aless competitive environment land more affordable house prices. The number of loans to first home buyers was up by 1.3 per cent for the month and 4.0 per cent for the three months to July, according to the HIA (09 September 2019). More...

Bamboo lights a fire under Australian construction industry Bamboo is fast becoming a popular choice in Australia for flooring and furniture, but Mr Gutierrez said global construction industries could be transformed if building regulations incorporated bamboo as a structural building material option (09 September 2019). More...

New EPA guides to help the construction industry properly dispose of waste The NSW Environment Protection Authority (EPA) has published two new guidance documents to help the construction and demolition industry strengthen their procurement and contract processes around waste disposal (17 September 2019). More...

In practice and courts

ABCB: Let us know your views on the development of performance solutions! Complete our online survey to have your say (12 September 2019). More...

New Australian Standards

CER: Public consultation open for changes to solar postcode zones The Clean Energy Regulator is proposing updates to postcode zones for small-scale technologies under the Small-scale Renewable Energy Scheme. The changes will affect the number of small-scale technology certificates for eligible systems in certain postcodes. If agreed, the changes will come into effect from 1 October 2019. More...

GBCA important deadlines - Green Star certification for your project Many project teams have timelines set around major events. To support this, these guidelines below (based on typical time frames), which specify the deadlines you’ll need to meet in order to have your project certified in time for key milestones in 2019. Deadlines are from 08 April – 04 November 2019. More...

NSW Fair Trading: Security of Payment laws start soon The Building and Construction Industry Security of Payment Amendment Act 2018 and the Building and Construction Industry Security of Payment Amendment Regulation 2019 will commence on 21 October 2019. More...

BPB releases summary of key audit findings for 2019 The Building Professionals Board has released a summary of key findings so far from its 2019 program of certifier audits. Read more about the audit program, including the objectives and summary of findings. As audits continue, more findings will be added (August 2019).

NSW Fair Trading: Part 6 of the EP&A Act postponed until 1 December 2019 The Part 6 provisions of the Environmental Planning and Assessment Act have been postponed and will now start on 1 December 2019. This delay will allow time for the sector to adjust to the regulatory changes that have been progressing around fire safety and the Building and Development Certifiers Act 2018. More...

Planning Circular – Commencement of Part 6 (building and subdivision certification provisions) FAQ - Occupation certificate FAQ - New mandatory compliance powers for private principal certifiers FAQ - New subdivision works certificate Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 If you have any queries, please contact the Department of Planning, Industry and Environment via email. More...

Cases

Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 [2019] NSWCATAP 229HOME BUILDING – Time to commence proceedings – consideration of interim and final occupation certificates – collateral review. Building Professionals Act 2005 (NSW); Building Professionals Regulation 2007; Civil and Administrative Tribunal Act 2013 (NSW); Charter of Rights and Responsibilities Act 2006 (Vic); Conveyancing Act 1919 (NSW); Interpretation Act 1987 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Environmental Planning and Assessment Amendment Act 2017(NSW); Environmental Planning and Assessment Regulation 2000; Home Building Act 1989 (NSW); Home Building Amendment Act 2011 (NSW); Home Building Amendment Act 2014 (NSW).

Noureddine v Barbalace Construction Pty Ltd [2019] NSWCATAP 223APPEAL - Costs – Successful party – Exercise of discretion.

Elias v McGauley [2019] NSWCATAP 237APPEALS - Civil procedure - Extension of time for appeal - Service of documents on corporation- procedural fairness-- APPEALS - Building and Construction - Rectification of defective building work - Damages - Sale of property without rectification - Effect on assessment of damages.

Nationwide Builders Pty Ltd v Le Roy [2019] NSWCATAP 220 HOME BUILDING – rectification and completion costs – damages for late completion DISCRETION – order making power under s 48O of Home Building Act – application of preferred outcome principle.

DB Homes Australia Pty Limited v Kes [2019] NSWCATAP 221APPEALS - Building and Construction – Contract – Repudiation - Adequacy of findings.

Stefanis v Oneview Construction Pty Limited [2019] NSWCATAP 218APPEAL – Expert evidence - Section 18F defence – Leave to appeal.

Legislation

Regulation

Work Health and Safety Exemption (Construction Induction Training Card - Workers) 201918/09/2019 - This instrument exempts workers on overseas construction work within the responsibility of the Department of Foreign Affairs and Trade from the requirement to keep a general construction induction training card available for inspection.