Did you know there are 81,717 strata schemes registered in NSW and every year this number grows by more than 1,000 across Sydney and regional NSW?

That’s why the NSW government has recently recognised the importance of strata living laws and the need to ensure that they stay relevant and address some fundamental issues that have arisen since the laws were re-written in 2015.

An online survey has been developed and the NSW Government is asking you to ‘have your say’ here now.

For all NSW strata legal including by-laws, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

NSW government launches new building defects guide.

The ‘Strata Defects Rectification Guide’ has been developed as a first point of call for current and future lot owners and stakeholders such as strata managers concerned about defects.

The online tool provides vital information helping to navigate the process of identifying, documenting, reporting and rectifying building defects in strata schemes.

Access to the guide is available here Strata Defects Rectification Guide

For all NSW strata legal including by-laws, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

There have been a number of important key changes made to strata laws over the last 6 months.

This includes changes to legislation and recent court and NCAT decisions.

In this article we provide an overview of those key changes to help you get across them and make recommendations as to what you should do get the most out of them and to ensure you comply with them.

The article covers the following strata law key changes:

• Building Defects – duty of care
• Removing abandoned goods and illegally parked cars – the new rules
• Developer and common property rights by-laws
• No pets by-laws
• NCAT – can now award damages
• COVID-19 – strata regulations extended
• Short term rental accommodation – mandatory code of conduct

The full article and recommendations are available here An Overview of Recent Key Changes to Strata Law

For all NSW strata legal including by-laws, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

New building defects laws which commenced in June 2020 received considerable media attention.

Those laws are contained in the Design and Building Practitioners Act 2020 and impose on builders and others involved in the construction of apartment buildings a statutory duty of care to avoid loss caused by defects.

The new laws give owners corporations greater powers to make defects claims against builders and others.

However, a recent case which dealt with another statutory duty of care highlights some of the issues that will confront an owners corporation which makes a defects claim under the new laws.

In this article we take a look at that case and explain what relevance it has to defects claims that will be brought by owners corporations under the Design and Building Practitioners Act 2020.

The full case can be read here Building Defects Claim Duty of Care

For all NSW strata legal including by-law, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

On 10 June 2020, the New South Wales Government made new laws regulating the construction of apartment buildings.

Those new building defect laws commenced on 1 September 2020 and will have a significant impact on all owners corporations and the strata industry.

In this paper we discuss the new laws and how they will impact the strata industry including:

• Occupation Certificates
• Stop Work Orders
• Rectification Orders
• Delegation of Powers
• Retrospectivity

Read the full paper here: New Laws that will have a significant impact on the Strata Industry.

For all NSW strata legal, by-law, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Building Commissioner, David Chandler, is asking for people to come forward with legitimate complaints about building defects – inclusive of waterproofing and structural issues.

His aim is to clean up the building and construction industry getting rid of dodgy builders. The more people that file legitimate building defect complaints the quicker this will be addressed.

Common Apartment Building Defects

•  Internal Water Leaks
• Cracking to Internal Structures
• Cracking to External structures
• Water Penetration from Outside
• Guttering Faults
• Tiling Problems
• Defective Plumbing
• Inappropriately Installed Materials
• Combustible Cladding

To lodge your building defect complaint please click here Building Commissioner

Take Your Building Defect Stress Away

Our strata lawyers have extensive experience resolving strata building defect disputes relating to work within strata and community schemes.

We firmly believe that timely and effective advice takes the stress out of strata building defect claims and will achieve the best possible result for you.

If you need assistance with any of the following please contact us now.

• Submitting Building Defect Complaints and/or Claims
• Resolving and Managing Building Defect Complaints and/or Claims
• Security of Payment Claims
• Building and Construction Litigation
• Advice on Statutory Warranty Periods
• Home Building Compensation Fund Insurance Claims
• 10-year Retrospective Building Defects Law Advice
• Assistance with Alternative Dispute Resolution
• Expert Determination
• Drafting Building and Remedial Works Contracts
• Building Bond Advice
• Cladding Defect Advice
• Home Building Act 1989 Advice

For all NSW strata legal, by-laws, building defect and levy recovery advice please contact us here or call 02 9562 1266, we’re happy to assist.

Late 2019 a major development occurred for the strata industry when the New South Wales Civil and Administrative Tribunal (NCAT) held that Biowood cladding is combustible, poses an undue risk of fire spreading and is a major building defect.

As of yesterday 4 August, 2020…

In a first for Australia, NCAT’s Appeal Panel upheld a 2019 finding by NCAT that Biowood cladding installed on the facade of a multi-storey building in Sydney is combustible and must be removed.

The owners corporation of the building was successfully represented by Mueller’s and is the first reported case where a Court or Tribunal has upheld a finding that a particular type of cladding is combustible.

The outcome of the case represents a win for owners corporations and sends another timely warning to builders and developers that use of combustible cladding is fraught with risk and carries with it substantial consequences.

The first case in Australia (and globally) the decision in this case sets a precedent A Win for Owners Corporation – Biowood Cladding Confirmed Combustible

For NSW strata legal, by-law, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

New ‘duty of care’ laws makes all participants in building work responsible for fixing building defects!

Passed by the NSW Parliament in early June 2020, the new building laws will have a significant impact on people that own and live in strata buildings and any person involved in property development and construction in NSW.

The new laws apply to both existing buildings built in the last ten years and also to the construction of new buildings going forward.

Those laws will give many owners corporations rights they did not previously have.

Here we explain the Building Defects New Duty of Care Laws and what actions strata managers can take now!

For NSW strata legal, building defects and levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

In a win for owners corporations, the Supreme Court has just announced that the definition of “major building defects” in the legislation should be given a broad meaning.

Across strata there are many building defects which have previously been categorised as minor. These can now possibly be considered as major and covered by the 6 year warranty period.

As this is a complicated area of law, it is best to seek legal advise ASAP.

This recent case will provide you with more information Strata is your minor building defect now a major defect?

For NSW strata legal, building defect or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

In a major development for the strata industry, NCAT has recently held that Biowood cladding installed externally on a Sydney building is combustible and must be removed as it is a major building defect.

There are a number of multi-storey buildings in NSW with Biowood panels that are combustible and pose a risk of fire spreading from one part of these buildings to another.

Faiyaaz Shafiq, Senior Lawyer, said, “it is now up to owners corporations and strata managers to ensure these panels are removed and lives are not put in danger.”

Owners corporations of buildings which have Biowood cladding require urgent assessment of the risks involved and their rights in light of this new decision.

For more information… Biowood Cladding NCAT Rules Combustible and also refer to media coverage in the Sydney Morning Herald (SMH) and news.com.au.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.