New laws to protect NSW apartment owners

Published: 31 Aug 2020

New laws will come into effect on 1 September 2020 that will give homeowners better protection against purchasing defective residential apartment buildings.

The Residential Apartment Buildings Act 2020 will help prevent buildings from going on the market that have serious defects. 

The new changes will include:

  • a compulsory six-month notification if a developer will be applying for an occupation certificate 
  • powers to withhold an occupation certificate if the building is not up to scratch 
  • ability to rectify any serious defects and recover the costs associated 
  • on-the-spot inspections of buildings up to six years old, and up to 10 years old in some circumstances.

The new laws support the NSW Government’s commitment to restoring consumer confidence in the building industry.

NSW Building Commissioner David Chandler OAM said the new laws send a clear signal to the construction sector that sub-standard projects will not be tolerated.

“Our sights are set on the small percentage of industry players who aren’t doing the right thing. Whether you are a builder cutting corners, or a certifier passing work that isn’t good enough – expect action from our new team of inspectors,” Mr Chandler said.

Learn more about resolving building defects on NSW Fair Trading.

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