In response to the growing incidence of defective building work, the NSW Government passed the Design and Building Practitioners Act 2020 (NSW) (Act) and the Design and Building Practitioners Regulation 2021 (NSW) (Regulations), which came into effect on 1 July 2021. The purpose of the Act...
The Design and Building Practitioners Act 2020 (‘the Act’) introduces wide ranging regulatory changes to the building industry. Part 2 of the Act, which will come into effect on 1 July 2021, requires design practitioners and building practitioners to make compliance declarations to the effect that...
Under section 18B of the Home Building Act 1989 (NSW) (Act) warranties (as to fitness for purpose and the like) are implied into residential building contracts. These warranties can be relied upon to make a claim against a builder and the developer who retained the...
In the case of Brady King Pty Limited v The Commissioner of Taxation [2008] FCA81, Justice Middleton of the Federal Court has cast doubt on whether the margin scheme can be used by developers where a subsequent subdivision of the land is involved. In this case, the taxpayer...
Developers and purchasers who wish to rely on the long term or permanent enforceability of restrictive covenants should be aware of section 28 of the Environmental Planning and Assessment Act 1979 (NSW) (“the Act”). Section 28 enables environmental planning instruments to override restrictive covenants where development...
Can anyone appeal from the decision of a council to grant development consent? There is a common misapprehension that a person affected by the decision of a council to grant development consent has the right to appeal against that decision. No such right of appeal exists. Under...
Under section 97(1) of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") an applicant who is dissatisfied with the determination of a consent authority (usually the local Council) in relation to their development application may appeal to the Land and Environment Court within 12 months...
Most people are aware that development consent is usually required to be obtained from the local council if they wish to carry out building work on their property. There are some exemptions to this requirement. Exempt development is development that may be carried out without...