In the media
MBA: New apartment approvals see September surge
Building approvals for new apartments and units leapt by
16.1 per cent during the month of September according to new
figures. Momentum in Australia's housing market appears to be
growing with the volume of new home building approvals expanding by
some 7.6 per cent during September (31 October 2019).
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Cranes popping up across the country as construction
picks up
Sustained demand for high-quality commercial projects in
Sydney and Melbourne has seen construction activity pick up across
major city markets (30 October 2019).
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ICMS 2nd edition: Positive feedback and a challenge to
the profession
The International Construction Measurement Standards
second edition (ICMS 2) were officially launched
on October 11 at the European Council of Construction Economists
meeting in Brussels (29 October 2019).
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Every building counts in the march towards net zero
emissions
The Australian Sustainable Built Environment Council
celebrates the release of Every Building Counts: A practical plan
for emissions reduction. Authored by the Green Building
Council of Australia and the Property Council of Australia, Every
Building Counts sets out a clear pathway to achieve net zero carbon
buildings by 2030 (29 October 2019).
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Builders call on Senate to pass ensuring integrity
laws
The Senate should pass the Ensuring Integrity Bill
following its endorsement by the Senate Committee Inquiry, CEO of
Master Builders Australia said. The Ensuring Integrity Laws will
see a comprehensive set of laws that will ensure all Registered
Organisations, both employer organisations and unions, play by the
rules (25 October 2019).
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The registration debate heats up: NSW Government Design
and Building Practitioners Bill
Engineers Australia has provided in-depth advice to all
parties of Parliament and it's heartening to see that both the
Government and Opposition have taken elements of our advice on
board (25 October 2019).
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Fire-retardant coatings for flame resistant
buildings
A new technique to develop fire-retardant coatings for
rigid polymer foam-based building materials has received $888,000
in funding through the Australian Research Council Future
Fellowships program (21 October 2019).
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BDAV: Proactive regulatory enforcement will rebuild the
construction industry
Good regulatory enforcement is essential to building
quality, and a good construction specification is essential for
protecting the owners and users of buildings, as well as building
designers (21 October 2019).
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BDAV: Maintaining education and training standards for
future building designers
Artibus Innovation is commissioned by the Australian
Government to support the Industry Reference Committees for
Construction, Plumbing and Services and Property Services in their
work reviewing, renewing and developing vocational education and
training within their sectors (19 October 2019).
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New NSW building legislation: Here's the start of a
new deal
There's a great deal of anguish still to play out with
people forced out of their homes because of faulty and dangerous
building practices, but according to the NSW Building Commissioner
David Chandler, a new bill just presented to the NSW government is
a good step forward (30 October 2019).
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Meriton's gleaming Parramatta tower given
approval
Developer Meriton has won development approval for
Parramatta's tallest apartment tower, a gleaming 67-level
riverfront building, and an adjoining hotel (28 October 2019).
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Sydney's high-rise site sales tumble
Sales of residential development sites in Sydney plummeted
in the 2019 financial year, dampened by funding difficulties,
weakened demand, and construction issues, according to Knight
Frank's latest Australian Residential Development Review (25
October 2019).
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NSW building reforms 'step one of 100' to
restore confidence in sector
The government's long-anticipated building industry
reforms will provide "zero" help to owners of existing
faulty buildings in NSW, lawyers say (24 October 2019).
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Solar savings for NSW households
Eligible NSW residents will be offered a free rooftop
solar system and installation, saving them around $300 each year on
their energy bills (23 October 2019).
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Sydney Metro West stations announcement to unlock tens
of billions of dollars in housing potential
The announcement by the NSW Government of the 2020
commencement of construction of the Sydney Metro West and seven
proposed stations between Westmead and the CBD has the potential to
unlock tens of billions of dollars in complementary housing
development along the metro corridor (23 October 2019).
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Practice and courts
GBCA: New Green Star for Communities rating tool: Have
your say
We are seeking your views on the consultation paper which
will help to inform further tool development and the final release
of Green Star for Communities in late 2020. We will continue to
consult across the sector throughout 2020. Feedback closes on 30
November 2019 (29 October 2019).
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NABERS Auditors, Supervisors, and Trainers panel
announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
Find the full list here (29 October 2019).
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2019 AIBS Annual Report 18 October
The 2019 AIBS Annual report and 2019 Audited Financial
Statement have been published and can be found here (21 October
2019).
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Building Information Modelling for WHS management
What is the best practice and implications of using BIM in
WHS management?
Timeline of project: Project commenced: August 2019; Project
completion: Mid 2021.
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Cladding guideline
In early 2018, the Building Ministers Forum asked
Standards Australia to develop the system. Standards Australia has
developed a permanent labelling system of aluminium composite panel
products to support the identification of these products throughout
their life-cycle. The new guideline can be purchased from the
Standards Australia website (October 2019).
Draft regulations for building certifiers
The NSW Government is seeking feedback on a draft
regulation for building and development certifiers. The proposed
Building and Development Certifiers Regulation 2019 is
open for comment until 28 October 2019. A new Building and
Development Certifiers Regulation 2019 must be introduced in order
to bring the Building and Development Certifiers Act 2018 into
force. For more information and to view the documents go to the
Department of Customer Services website.
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.
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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.
More...
Cases
Stepanoski v Aslan (No 3) [2019]
NSWSC 1445
CONTRACTS – extent to which defendant has been
overpaid for work that had been completed before the Lump Sum
Contract was terminated – whether the Lump Sum Contract was
wrongly terminated by the plaintiffs or whether it was repudiated
by the defendant
DAMAGES – quantification of damages to which the plaintiffs
or defendant would be entitled – differences in opinion
evidence of expert witnesses – resolving differences without
detailed cross-examination
construction certificate for the Works under the Lump Sum Contract
- by cl 9 of the Lump Sum Contract, Mr Aslan warranted that the
work would be performed in a proper and workmanlike manner, and in
accordance with the plans and specifications set out, and that all
materials supplied by him would be good and suitable for the
purpose for which they were used
Simon Peto v Ausgrid Management Pty Ltd t/a
Ausgrid
Alleged dispute about a matter arising under an enterprise
agreement – electricity supply industry
(Consumer Safety) Act 2004 (NSW) and the Home Building Act 1989
(NSW). Performing work beyond Mr Peto's scope
Legislation
NSW
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Low Rise Medium Density Housing Code) (No 2)
2019 (2019-519) — published LW 25 October 2019
Bills introduced Government – 25 October
2019
Better Regulation Legislation Amendment Bill 2019
Design and Building Practitioners Bill 2019
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.
