Apartment owners not less protected under Home Building Act changes: Urban Taskforce

Apartment owners not less protected under Home Building Act changes: Urban Taskforce
Jennifer DukeDecember 7, 2020

Recent claims from the Owners Corporation Network that the changes to the Home Building Act will lessen protection for apartment owners in relation to defective work are false, according to the Urban Taskforce.

Urban Taskforce CEO Chris Johnson said that the definition of what a ‘major defect’ is in the amendments is clear and includes defects that prevent a part of the building being used for its intended purpose. This includes fire safety or waterproofing, he said.

“I can’t see how the Owners Corporation Network (OCN) interprets this to mean a lowering of importance for waterproofing or fire safety system defects,” he said.

“The government’s own website on the changes to the Act clarifies that a faulty waterproofing membrane that caused water to leak into only one room would be a major defect.”

He said that they had worked with consumer groups to lessen funds spent on legal battles over defects.

“The industry and OCN agreed to a package of changes that ensure quality builders and developers will not be continually fighting claims that have dubious evidence. This included a new definition of major defect which we thought was a fair benchmark for all concerned,” he said.

“It is concerning to now see the state opposition quoting OCN claims that says 85% of apartments since 2000 have defects. These assertions are actually based on a survey by the City Futures unit at the University of NSW and is based on less than 300 respondents of which half said they had no problem getting the defects fixed.”

He said that, in fact, there were 600,000 strata units in New South Wales during the time of the survey so the 300 respondents were a small figure to base the study on.

“With a growing interest in apartment living it is important that quality buildings are constructed and that any defects are quickly rectified. The changes to the Home Building Act would seem to be contributing to a better process for ensuring quality and for managing defects where they occur,” he said.

Jennifer Duke

Jennifer Duke was a property writer at Property Observer

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