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Opal Towers, Building Defects in NSW Strides Towards Solutions.

Original Article:

A litany of building defects across NSW has shaken consumers but experts say new laws are turning things around
Authors: Sue Daniel and Millie Roberts
Date: Posted Fri 19 Jan 2024, updated Fri 19 Jan 2024

In recent years, a wave of building defects across New South Wales has sparked concerns among consumers, but experts indicate that new legislation is beginning to address these issues effectively.  Instances such as the Opal Towers and properties owned by Toplace have garnered negative attention, leaving owners and residents facing financial losses and emotional distress. For example, residents of Mascot Towers were recently offered settlements after being forced to evacuate their defective building years earlier.

However, recent developments suggest a shift towards resolution. Concerns arose at a Macquarie Park development, but reassurance from NSW Building Commissioner David Chandler indicated no immediate threat, calming residents' fears.

Residents like Michael Bradshaw at Lachlan's Line in Macquarie Park expressed relief as immediate evacuation was ruled out, reflecting on past incidents like Opal Towers. The question of responsibility for repairs arises, with authorities holding developers accountable under the NSW Residential Apartment Buildings Act.

New protections have been established to enhance consumer confidence, including expanded powers for the NSW Building Commission, a five-star rating system for builders and developers (iCIRT), and 10-year defect insurance for apartment buildings. Despite these measures, challenges persist, as evidenced by a doubling of defect reports since the new laws were enacted. While progress is being made, concerns remain. Katie Stevenson of the Property Council of Australia emphasizes the importance of high-quality homes, while Brian Seidler of the Master Builders Association of NSW applauds efforts to rebuild public trust.

Regarding repair costs, early interventions indicate developers are liable, averting potential litigation. However, challenges persist for those affected by company collapses like Toplace, underscoring the need for ongoing solutions.

Addressing underlying issues, such as Australia's shortage of engineers, is crucial to prevent future problems. Professor Mark Hoffman highlights the need for qualified engineers to oversee projects effectively.

The increased powers granted to the building commissioner signal a positive shift in the industry, providing hope for improved accountability and consumer confidence. Opposition Leader Mark Speakman believes these changes will bolster consumer trust and prevent future incidents, paving the way for a more resilient building sector.