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Category: Building Defects

Esky Apartments, Definition of Flammable Cladding & Lacrosse Fire Legislation

Building Defects

Posted 05 April 2019

Following the Lacrosse Fire in Melbourne and the tragedy of the Grenfell fire in London, authorities in NSW have now taken action to start addressing the risks arising from flammable cladding.…

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Owners Beware: Jurisdictional Problems with Agreements to extend Statutory Warranties

Building Defects

Posted 03 April 2019

Bannermans Lawyers have for some time been warning Owners to be wary of agreements offered by builders and developers to extend Home Building Act (“HBA”) warranties, to stave off legal proceedings…

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Update on the 2% Bond Scheme

Building Defects

Posted 03 April 2019

Background Builders and developers of new multi-storey buildings (defined as two or more separate dwellings which exceed three storeys in height) are exempt from having to obtain insurance under th…

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A Loophole to 4 Extra years on an Owners Defects Warranty

Building Defects

Posted 03 April 2019

The statutory warranty period for “minor defects” under the Home Building Act 1989 (“HBA”) is only 2 years. However, in a recent case, Hutching v Hope [2019] NSWCAP 59, the Tribunal’s App…

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Cladding Update – Lacrosse Tower fire decision: The importance of Statutory Warranties

Building Defects

Posted 05 March 2019

The Victorian Civil and Administrative Tribunal (“Tribunal”) handed down an award on 28 February 2019, which ultimately holds the Builder liable for breach of statutory warranties with the Buildin…

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Dob yourself in about cladding from 22 October

Building Defects

Posted 02 October 2018

The NSW Government move to address the risks arising from non-compliant cladding has progressed with the passing of new regulations, which take effect from 22 October 2018.…

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What’s a crane between neighbours worth?

Strata, Building Defects, Easements

Posted 02 May 2018

Question: Are developers required to seek consent from adjoining owners prior to operating cranes over your property? Answer: The land owner of a non-strata title building or the owners co…

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Building Bonds: A new regime of Pro-Active Building Defect Management

Building Defects

Posted 24 April 2018

Divisions 3 (sections 207-211) of the Strata Schemes Management Act 2015 (NSW) (SSM Act 2015) introduces a building bond scheme for new multi-storey buildings (defined as three or more storeys) from 1…

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