FactSheet: Strata Building Defects

• Q&A What Percentage of Combustible Cladding on a Building is Dangerous? Jan 2018 - Question: Our Strata Corporation has sent us a letter and they are investigating all buildings under their control; however, they
• Let me out: new apartment defects and the apartment from hell Jan 2018 - You buy a new apartment expecting it to 'work'. Sometimes, however, we get a lemon. We often think of lemons
• Defects in (new[ish]) strata Jun 2017 - When setting up a new Strata Scheme and scheduling the inaugural general meeting, add the following to the agenda -
• If It Has a Balcony, It Will Leak Mar 2017 - Why is my balcony leaking? This article looks at reasons your balcony may be leaking and some successful remedial waterproofing
• The Age of Concrete Cancer Feb 2017 - Highrise apartment buildings built back in the 1970s have been the hot topic of discussion, as the effects of concrete

Strata Building Defects – what has it got to do with you?

LookUpStrata
May 2013: How would your strata council/body corporate react if they were given a bill for $6 million to repair strata building defects?

City Living: Urban consolidation and the social sustainability of cities

UNSW

The project is investigating the broader implications of the lived experiences of apartment residents and owners for the social sustainability of cities. The project aims to raise awareness of the unique challenges of apartment ownership and apartment living and provide proposals to support better outcomes for apartment residents and for the broader community. Access multiple Defects Case Studies.

• NSW Building Products Safety Laws Mar 2018 - The Building Products (Safety) Act 2017(“Act”) has been passed by the New South Wales government and is to commence on
• NSW Building Defects Bond Scheme. What do Strata Managers Need to Know? Feb 2018 - To deal with problems caused by defective building work in new strata buildings, the NSW Government introduced a building bond
• The strata building bond and inspections scheme. All states and territories should follow suit! Jan 2018 - The strata building bond and inspections scheme, introduced under the NSW Strata Schemes Management Act 2015 (Part 11), will apply
• NSW: Defect Bonds and Insolvency Issues Dec 2017 - The new Strata Building Bond and Inspection Scheme will now commence on 1 January 2018. This means that the Scheme
• NSW: Case Halted Until Owners Corporation Give Security For Costs Oct 2017 - The Supreme Court has ordered an owners corporation suing its former lawyers to give security for the costs the lawyers
• NSW: Update on Developers Bond for Defects in new Residential Apartments Sep 2017 - The NSW Government has elected to delay the introduction of the developers bond for defects. The anticipated date provided by
• NSW: Don’t Delay the Implementation of the 2% Defects Bonds Scheme Under Part 11 of the Strata Schemes Management Act 2015 Jun 2017 - In response to well founded rumours that the 2% bond scheme is going to be further delayed we have written
• NSW: Q&A Misleading Advice Re Claims on Builders Warranty Insurance May 2017 - We think we were given misleading and incorrect advice regarding claims on the Builders Warranty Insurance from a previous committee
• Strata Case Plan 76888 Statutory Warranties NSW May 2017 - The Court comes to a surprising conclusion regarding the repair of common property in this recent case where an OC
• Fixing a Leaking Roof Apr 2017 - As a Registered Building Practitioner who is also a specialist in waterproofing installation, I have witnessed the devastating consequences of

NSW Developers to Pay a Bond for Defects in New Residential Apartments

Pierrette Khoury, Turnbull Bowles Lawyers
Jun 2016: The amendments in the Strata Schemes Management Act 2015 are proposed to take effect from 1 July 2016. Accordingly, Developers who commence construction after 1 July 2016 are likely to be impacted by these changes.

The Impact of section 48MA of the Home Building Act 1989

Pierrette Khoury, Turnbull Bowles Lawyers
May 2016: Section 48MA of the Home Building Act 1989 has been introduced and applies to all proceedings filed after 15 January 2015. This provision provides that rectification of defective work is the preferred outcome in proceedings.

Better Resolution of Building Defect Claims

David Bannerman and Ben Robertson, Bannermans Lawyers
Apr 2016: There may be a way to avoid lengthy and costly litigation and focus on what matters – the rectification of strata building defects.

Supreme Court Finds Certifier Liable for Building Defects

Adrian Mueller, J. S. Mueller & Co Lawyers
Mar 2016: A NSW Supreme Court case – Chan -v- Acres [2015] NSWSC 1885 – offers hope to owners corporations whose buildings are affected by strata building defects.

How to minimise building defect risks

David Bannerman, Bannermans Lawyers
Sep 2015: For property investors, building defects risks can be significant – particularly when buying a newly constructed apartment as strata building defects may not be immediately apparent.

Dealing with payments under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA”)

David Bannerman and Ben Robertson, Bannermans Lawyers
Sep 2015: Generally, in comparison to litigation in Court the SOPA progress payment claim process can be a quicker interim method to resolve progress payment disputes and obtain progress payments.

Building defects and maintenance

Jamie Killorn, K&S Building Management Services
Jul 2015: What do I do if I have strata building defects in my apartment? Find out the steps to take when dealing with NSW building defects and maintenance.

Is Sufficient Compliance With Section 62 Good Enough?

Michael Pobi from Pobi Lawyers
Oct 2014: Discusses breach of section 62 of the SSMA in circumstances where the owners corporation is seeking to rectify the defects to common property by taking proceedings against the builder and developer for breaches of statutory warranties under the Home Building Act 1989.

Resolving building disputes

NSW Fair Trading
Things do not always go to plan when you are building or renovating, but there are steps you can take to help resolve disputes between you and your home building contractor. It is important to develop and maintain positive communication with your builder or tradesperson. If people in a home building dispute do not speak to each other about the problem, it becomes very difficult for the issue to be resolved.

Planning Circular: External Walls and Cladding

NSW Planning and Environment
The recent Lacrosse building fire in Docklands, Melbourne, has highlighted issues with external wall construction and the use of certain aluminium composite panels as part of an external wall system or as an attachment to an external wall.

Mixed Media about NSW Strata Building Defects

Strata title living – how much do you know?

UNSWTV
May 2012: One in ten Australians live in strata titled homes such as apartments or townhouses; in Sydney it’s closer to one in four. But how much do we know about strata title living and what it involves?

Dealing with Defects

A presentation made by Dr Hazel Easthope of UNSW at the Owners Corporation Network Quarterly Meeting May 2011 discussing strata building defects.

Chris Kerin, Kerin Benson Lawyers on Channel 7 News
Nov 2014: Christ Kerin appears on Channel Seven News on 15 November 2014 in relation to reforms in residential building laws affecting thousands of lot owners in NSW.

How to Get Building and Construction Defects Rectified

Lisa Rutland, MyBodyCorpReport.com.au
Apr 2015: The Home Building Amendment Bill 2014 passed by the NSW Government contains a number of significant reforms that will benefit builders and additional obligations of which you need to be aware.

Mixed Media about QLD Strata Building Defects

Building Defects and Builders who go broke – ABC News

Chris Kerin appeared on ABC News on 2 February 2015 in relation to builders who go broke in Queensland and how they impact on owners corporations suffering from building defects.

• VIC: Q&A Who is responsible for balcony repairs? Dec 2017 - Question: 1 in 5 apartments in our building have balcony problems. The developer has carried out the repair of balcony
• Defects – New Dispute Resolution Requirement in Victoria Jul 2017 - The most significant addition is that building owners (read, strata schemes) are required to partake in conciliation before they can
• VIC: Q&A Balcony Concrete Cancer – Who Fixes What? Dec 2016 - Plans of subdivision are quite strict. The inward facing part of the balcony is considered the Lot Owners responsibility. However
• VIC: Tougher Penalties For Illegal Building Works Dec 2016 - New laws to strengthen Victoria’s building system – including significant fines and jail time for people found guilty of illegal

• ACT: Q&A Checking for asbestos while replacing the roof May 2018 - Question: We are undertaking a roof replacement. Should the Contract with the roofing firm contain a clause regarding checking for
• ACT: Q&A Setting Up A Fighting Fund For Building Defects in Individual Lots Aug 2017 - Question: If we set up a fighting fund to pay for legal advice around repairing strata defects on affecting individual

Guide to Obtaining a Rectification Order

Christopher Kerin, Kerin Benson Lawyers
Jan 2015: A brief outline of what occurs in the process of obtaining a rectification order from the ACT Planning and Land Authority against a building licensee.

“Ticking Time Bomb” Properties a Concern for Apartment, Unit and Townhouse Owners

Stephen Raff, Ace Body Corporate Management
Apr 2016: Australia’s problem with building defects is a huge safety concern for property owners, and we fear that every city around the country has hundreds, if not thousands of “ticking time bomb” properties containing non compliant, highly flammable building materials.

• Q&A Electrical System Building Defects WA Strata – Act Now! Nov 2017 - The Committee and Strata Manager must act immediately if the problems can be attributed to building defects and they can