Purchasers benefit from developer agreement at the skyview project

Published: 26 Jul 2021

The NSW Building Commissioner has lifted the Prohibition Order on the Skyview project after reaching an enforceable undertaking with developer Toplace to provide an ongoing inspection and maintenance program backed by financial guarantees.

Minister for Better Regulation Kevin Anderson said that in lifting the Order the Building Commissioner had received independent engineering advice confirming the structural defects affecting the basement had been satisfactorily remediated.

“Through the introduction of robust legislation we have now armed the NSW Building Commissioner with powerful tools to better protect consumers,” Mr Anderson said.

“Buying a home is one of the most important investments most of us make. This agreement demonstrates the Government’s commitment to protect customers by standing in their corner and protecting their interests.”

The developer has entered into a legally enforceable undertaking to ensure that an independent engineer will monitor the basement structure for the next 10 years. The owners corporation will also receive a 20-year structural guarantee and a 10-year commitment to rectify and pay the costs of any future or consequential defects if required.

The Prohibition Order was issued by the Building Commissioner following inspections by NSW Fair Trading’s new building audit team and a Written Directions Notice issued by the private certifier, City Plan Services, requiring independent engineering advice.

“This resolution demonstrates the importance of quality certifiers. I’m also pleased the developer has entered into this undertaking that confirms Toplace’s public commitment to stand behind the project. The agreement will enable an occupation certificate to be issued with ongoing protection for owners,” Mr Chandler said.

NSW Building Commissioner David Chandler said this undertaking would set a new benchmark for resolving serious defects. This and all future undertakings will also be published on the NSW Fair Trading website to provide transparency and help rebuild public confidence in the industry. 

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