New laws to restore trust and integrity in building
Joint Media Release from the NSW Premier, NSW Minister for Better Regulation and Fair Trading and the NSW Minister for Building
MEDIA RELEASE | 19 November 2023
The NSW Government is today announcing a major increase in the powers and resources of the NSW Building Commission to deliver quality homes for people in NSW, cracking down on poor practices in the building sector and boosting enforcement powers.
While the NSW Government is committed to tackling the NSW housing supply crisis after over a decade of inaction, the government will not allow quantity of homes to come at the expense of quality.
Laws set to pass parliament next week will mean that for the first time since the Building Commissioner was appointed, he will have the power to enter any apartment or free-standing home in NSW.
The Commissioner will also have the power to uncover defects before completion of buildings and compel builders to get them fixed.
Building Commission NSW will also receive a $24 million boost, allowing it to scale up to ensure quality buildings are being delivered in NSW.
Supercharging the regulator’s powers will ensure that as the state meets the urgent need for more homes, buyers can be confident about the quality of the home they’re buying.
The new laws also make critical changes to improve compliance and enforcement systems across the industry, including:
New measures to prevent and penalise intentional phoenixing activities in the construction industry by cancelling or refusing licenses
Introducing new responsibilities across the building products supply chain of, ensuring that all products used in buildings are safe, compliant, and suitable for their intended use.
The changes come as the NSW Government continues its crackdown on dishonest or fraudulent elements in the building sector, with the licenses of four building certifiers cancelled this year:
On 4 July 2023, Fair Trading found that Mr Glenn Levick engaged in unsatisfactory professional conduct and contravened a law with respect to fraud or dishonesty.
On 30 August 2023, Fair Trading found that Mr Orlando Da Silva engaged in unsatisfactory professional conduct, contravened the Environmental Planning and Assessment Act and engaged in conduct that fell short of expected standards.
On 14 September 2023, Fair Trading found that Mr Paul Gearin engaged in unsatisfactory professional conduct, contravened the certification legislation and engaged in conduct that fell short of expected standards.
On 6 October 2023, Fair Trading found that Mr Joseph Hallal engaged in unsatisfactory professional conduct, contravened the certification legislation and engaged in conduct that fell short of expected standards.
The additional powers and resources are further supported by the NSW Government’s commitment this week to develop a pattern book of endorsed housing designs for low-rise and mid-rise (up to six storeys) buildings that will also enhance continuity of quality standards across new developments.