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ARTICLE · 18 AUGUST 2020

Residential building targeted by strict regulation

The NSW Building Commissioner is cracking down on faulty practices with a new era of strict regulation

AustraliaReal Estate and Construction
Reilly King
Reilly King

In brief - Developers, builders and designers need to be aware that the NSW Building Commissioner is cracking down on faulty practices with a new era of strict regulation

Builders, designers, suppliers and supervisors, under the Design and Building Practitioners Act:

  • now retrospectively owe a statutory duty of care to current and future owners to avoid economic loss caused by defects in respect of certain buildings; and
  • ought to account for this duty of care when assessing risk, pricing and insurance arrangements;
  • will need to register to issue "Building Compliance Declarations" and "Design Compliance Declarations" as part of a new scheme;
  • will be subject to stronger enforcement powers including stop work orders.

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