Portrait of construction engineers working on building site together

NSW Government’s Proposed Changes to the Building and Construction Sector

Caroline Hutchinson, ||

Major changes to the building and construction sector are being proposed by the NSW Government following recent highly publicised defect issues with Mascot Towers and Opal Tower.

As part of the continuing process of reforming the sector, the NSW Government has released a discussion paper, ‘Building Stronger Foundations,’ for comment.

The main changes being proposed are:

  • Imposing a requirement that all ‘building designers’ (including home designers, architects, engineers, etc) are to provide statutory declarations in relation to plans they have prepared, confirming that they comply with the Building Code of Australia; 
  • Establishing a statutory ‘duty of care’ to apply to all building practitioners (including building designers) enabling home owners to seek compensation if a building practitioner has been negligent;
  • Appointing a Commissioner who will regulate all aspects of the NSW building industry and have the power to investigate and take disciplinary action for improper conduct; and,
  • Establishing a building designer register, where all building designers must be registered in order to sign off on building plans.

Based on the commentary to date, it is likely that these proposed changes will be passed by the NSW Parliament. If you’re involved in the building and construction sector, you are urged you to read the discussion paper in full and seek legal advice regarding any concerns you have regarding potential future liability.

Public feedback has been invited on the ‘Building Stronger Foundations’ discussion and can be provided via the NSW Government website. Consultation closes on Wednesday 24 July 2019.

For more information on how these proposed changes may impact you, please contact our building and construction expert:

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

New powers to combat phoenixing in construction

The rise of phoenixing in the building and construction industry in Australia in recent years has proved a significant challenge to regulators. Mismanagement of time or cashflow can quickly propel businesses into insolvency.

The NSW Building Commission’s extraordinary powers

In late 2023, the NSW Government passed the Building Legislation Amendment Bill 2023 (Amendment Bill). The Amendment Bill established the NSW Building Commission and granted it extraordinary powers to enter construction sites, inspect work and take away information and materials.

© 2024 Coleman Greig Lawyers   |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230