Construction & Developments

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Legislative changes have come into effect from 1 September that provides for improvements to the quality of residential apartment constructions.

Security of Payment Amendment Act set to commence.

Many have no doubt heard of the extensive building defects that have plagued the Opal Tower at Olympic Park but some may not know of substantial recent developments in the sorry affair.

"In January 2015, the statutory warranties contained in the Home Building Act were amended to redefine the nature of a defect and increased the scope of the what is considered a major defect and increased the scope of what is considered a "major defect" to include serious problems which affect habitability and the use of the building and to the buildings' potential destruction.

Homeowners seeking to rely on the protections afforded by the home owners warranty provisions must be careful in considering the date of completion of work to ensure their claims are commenced within the relevant time provisions.

The NSW Office of the Registrar General released a discussion paper which identified a set of reform proposals designed to strengthen protections for consumers purchasing off-the-plan properties.

Kells reported on the proposed changes to the Building and Construction Industry Security of Payment Act (NSW) 1999.