- Draft Local Environmental Plan now on exhibition for the City of Parramatta Council
- Changes to Home Building Act now in effect
- New Housing Diversity SEPP to hinder build-to-rent and seniors housing developments
- Update on developer contributions
- Low Rise Housing Diversity Code now operating in all NSW local government areas
- NCC 2019 Amendment 1 has taken effect!
- The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW)
- Changes to what is deemed "physical commencement"
- COVID-19 buys time on DA process
- Alternative assessment introduced for large boarding houses
- Draft Design and Building Practitioners Bill 2019
- Canterbury LEP changes to Boarding Houses
- The Low Rise Medium Density Housing Code (MDHC) has been deferred again
- Changes to Certifiers' compliance powers and new provisions for CC's and OC's
- The Low Rise Medium Density Housing Code has been deferred
- NCC 2019 has taken effect!
- The introduction of the Options Paper - ‘Improving Certifier Independence’
- NSW Combustible Cladding Regulation
- IHAPS to be introduced for all Sydney Councils
- New simplified housing code
- BASIX energy targets to change
- Guide to building tolerances is released
- General Housing Code changes
- Introduction of the Inland Housing Code for Complying Development
- Complying development for dual occupancies and townhouses
- Positive changes to Home Building Compensation Fund
- New online planning tools
- BCA 2015
- Swimming Pools are now required to be registered
- NSW Government releases green paper
- BASIX Certificates are no longer free
- SEPP (Affordable Rental Housing) 2009 Amendment 2011
Changes to Home Building Act now in effect - 31 Aug, 2020
The Home Building Act 1989 regulates the residential building industry and certain specialist work in New South Wales. It addresses any residential works carried out by contractors and tradespersons, including construction of a new home and renovations or alterations to an existing home or structure. The Home Building Act 1989 exists to protect homeowners during the complex building process. It lays out their minimum statutory rights, as well as their builders and contractors’. This includes matters such as deposits, insurances, payments, and warranties.
On 1 July 2020 changes to the Act were introduced that aim to promote public confidence in the residential building industry. These changes will become enforceable on 31 December 2020, however in the meantime contractors are still expected to comply with the support of NSW Fair Trading.
Changes to the Act
The changes that have come into effect ensure transparency over the building process, and more specifically that homeowners have complete freedom of choice when selecting their certifier. They apply to any contract valued at over $5,000, except for change ‘4’ that only applies to contracts valued at over $20,000.
1. New offences for contractors who try to influence an applicant's choice of certifier
This includes disputing the applicant’s choice of registered certifier. Some examples include:
· Specifying on a contract which certifiers can or can’t be used
· Suggesting to alter contract price based on which certifier is or isn’t used
· Refusing to perform contract duties based on which certifier is or isn’t used
2. New requirement for contractors to give applicants information about certifiers
Prior to entering a contract, contractors must provide an information sheet that explains the role of registered certifiers. This sheet must be strictly provided as is, with the option for contractors to provide any other supporting information about certifiers.
3. New text to be added to any contract for work that requires a certifier
If works outlined in a contract require a certifier, the following text must now be added:
1) The contractor will notify the owner if a registered certifier is required with respect to particular work done under this contract
2) The selection of a registered certifier is the sole responsibility of the owner (subject to section 6.6 (4A) or 6.12 (4A) of the Environmental Planning and Assessment Act 1979)
3) The contractor will not object to the selection by the owner of any particular registered certifier.
4. New item added to the building contract checklist about choosing a certifier
An additional item has been added to the home building checklist which must be included in a contract.
Item 12: Do you understand that any registered certifier required to certify work under the contract is to be selected by you and the contractor cannot object to your selection?
To learn more about the changes, visit the Fair Trading website.
- Draft Local Environmental Plan now on exhibition for the City of Parramatta Council - 2 Sep, 2020
- Changes to Home Building Act now in effect - 31 Aug, 2020
- New Housing Diversity SEPP to hinder build-to-rent and seniors housing developments - 24 Aug, 2020
- Update on developer contributions - 22 Jul, 2020
- Low Rise Housing Diversity Code now operating in all NSW local government areas - 1 Jul, 2020
- NCC 2019 Amendment 1 has taken effect! - 1 Jul, 2020
- The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) - 10 Jun, 2020
- Changes to what is deemed "physical commencement" - 15 May, 2020
- COVID-19 buys time on DA process - 14 May, 2020
- Alternative assessment introduced for large boarding houses - 1 Nov, 2019