Mr David Chandler OAM began his position as the NSW Building Commissioner on 14 August 2019. The Premier of NSW, Gladys Berejiklian, has stated that the appointment of a Building Commissioner is a critical part of the NSW Government’s plan to completely reform the building regulations and conduct in NSW.

What is the Role of the Building Commissioner?

The Building Commissioner will administer a variety of different functions regulating the building industry, namely, driving legislative reforms, investigating misconduct and initiating disciplinary action for misconduct.

Legislative Reforms:

This will include regulations requiring building practitioners to be registered, a new duty of care to be implemented to make it easier for home owners to seek compensation against building practitioners who have acted negligently, and ensuring all buildings that are constructed adhere to plans that comply with the Building Code of Australia. These bold reforms are set to be introduced through legislation later this year.

Investigative and Disciplinary Role:

The Commissioner will also be responsible for the investigation and discipline of misconduct in the building industry. This may include investigating the regulation of building standards, building quality and building disputes. Mr Chandler is currently investigating and considering the scale of the situation at the Mascot Towers.

What Does This Mean For Apartment Owners?

Apartment owners and purchasers will hopefully be better protected following the appointment of the NSW Building Commissioner. As this multi-faceted role was developed with the security of home owners in mind, policies that aim to ensure high standards of building and construction, such as the new duty of care, make seeking compensation for construction misconduct easier and more accessible.

Further Information  

It is important that home owners and building developers are made aware of their possible obligations and rights. We can provide additional information and advice to you regarding your building or property situation. If you would like to discuss your concerns with a legal professional please contact us on 9963 9800 or at law@etheringtons.com.au