The disaster that is the 132-Unit Mascot Towers which has been plagued with structural defects, has highlighted the need for government intervention to more strictly regulate builders and developers.
A report prepared on behalf of the Government, some 18 months ago, proposed obligations to be imposed upon developers and builders which would include:

  • The designers of the buildings must declare that they are compliant with the Building Code of Australia.
  • The designers be registered.
  • There be an industry-wide duty of care legislated.
  • A building Commissioner be appointed.
    There is no doubt that imposing a duty of care upon builders and developers, in addition to the statutory obligations which also exist, would go a long way to ensuring strict compliance with the relevant design and building codes. Such obligations would have to be imposed upon the individuals as well as the companies involved so as to eliminate the incorporation of $2 companies who can thereafter avoid any obligations or liabilities by simply liquidating. The legal profession has been uniform in its response to the State Government’s proposed reforms. What is needed is comprehensive consumer protection which has been significantly weakened for over two decades. For example there appears to have been no logical argument available to the restriction on home warranty insurance to residential buildings below 4 storeys. Also, the 7 year statutory warranty for all defects was reduced to 6 years for “major” defects and a 2 year warranty for other defects. Such anomalies must be addressed. The reforms must be directed to all aspects of property development including but not limited to design and construction.
    If you have suffered loss as a result of poor quality design and/or construction whether it be related to the purchase of a unit or home, Brydens Lawyers has expert property lawyers available to assist in the investigation of your rights in order to recover compensation to which you would be entitled. Call Brydens Lawyers today on 1800 848 848.