Introduction From 3 July 2024, the Design and Building Practitioners Act 2020 (NSW) (DBPA) and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RABA) will apply to the construction of new class 3 and 9c buildings. This article sets out the key changes of which contractors should be…
Case Note on V601 v Probuild VSC 849 Background This case concerns a development of five separate buildings comprising commercial suites and residential apartments. V601 was the developer. V601 engaged Probuild to design and construct the project under an amended contract form of AS4902-2000 (Contract). Issues The issues concerned time-related…
21 March, 2023
Dear Developers: failing to plan is planning to fail
Ausbao (286 Sussex Street) Pty Ltd v The Registrar General of New South Wales NSWCA 18 This decision highlights the importance of developers paying attention to the deposited plans in contracts for sale of land and, consider independently verifying the size of the site areas being purchased. What is the…
31 January, 2023
Double Trouble: Increase to Foreign Investment financial penalties
Starting 1 January 2023, penalties for breaching Foreign Investment Review Board (FIRB) regulations related to foreign acquisitions of residential land will be doubled, per the Foreign Acquisitions and Takeovers Act 1975 (Cth). This measure, further to the 2022 changes, has been introduced as part of the Labor Government’s 2022…
If you are carrying out commercial construction work or considering moving into the commercial construction sector on the basis of its (currently) relaxed licensing requirements, we recommend that you read this article. NSW is the only jurisdiction in Australia that does not require a building licence to carry out…
20 January, 2022
New changes to community land laws
The Community Land Development Act 2021 (NSW) (Development Act) and Community Land Management Act 2021 (NSW) (Management Act) reforms have commenced on 1 December 2021. The new laws are aimed to modernise the development, management and operation of community schemes in NSW. See below brief introduction on community schemes and…
Earlier in January 2021, the Foreign Investment Review Board (FIRB) introduced a new national security test. Many investments and acquisitions which were previously not ‘notifiable actions’ or ‘significant actions’ under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) are now subject to compulsory or voluntary notifications. Under the new…
8 September, 2021
Activating development consents
In NSW, a development may or may not require consent, depending on the conditions in an environmental planning instrument. Developments which do not require consents are usually very low impact developments and are referred to as exempt developments. This article focuses on developments which require consents and that include complying…
On 8 June 2021, the NSW Parliament passed the Building Legislation Amendment Act 2021 (Amending Act) which made several key amendments to the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act), and the Design and Building Practitioners Act 2020 (NSW) (DBP Act). The Amending Act focuses on enhancing the…
2 July, 2020
Introduction of new law relating to serious defects and issuance of occupation certificates
Introduction The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (Act) was assented to on 10 June 2020 and will commence on 1 September 2020. The Act applies retrospectively and significantly impacts residential projects delivery, completion, developer cash flow and contractors risks. Developers (you) must note these changes…