Building loophole now closed

New legislation recently passed in Parliament is hoping to close up a loophole in the legislation that was allowing building disputes in Queensland to take far longer than necessary.

Minister for housing and public works, Tim Mander, said that resolving disputes quickly is one of many parts attempting to reform the building regulator.

“Under existing legislation, once a dispute was lodged with the Queensland Civil and Administrative Tribunal  (QCAT), the Building Services Authority (BSA) had its hands tied and could not give directions for dodgy work to be rectified or for an insurance claim to be paid out under the Home Warranty Scheme,” Mander said. 

“The amendments in the Bill introduced today will fix that, by letting the building industry watchdog make an application to the QCAT for an order to allow it to continue to act in a dispute while QCAT proceedings are underway.”

An enquiry into the BSA saw the loophole receiving significant criticism.

“One of the most common complaints was from people who believed certain contractors were using this provision in the Act to prevent or delay the BSA from assisting consumers in a dispute,” he said.

“We’re currently in the process of replacing the BSA with a new Queensland Building and Construction Commission (QBCC), and it’s crucial we make sure we’ve got the right framework in place to prevent disputes from dragging on any longer than  necessary."

Current plans are for the QBCC to be in place for the beginning of 2014.