Building Defects

Design & Building Practitioners Act 2020



The Design and Building Practitioners Act 2020 (“Act”) greatly improves the prospects of owners corporations and lot owners in buildings with defects, with some retrospective effect, i.e. benefits for some owners of already completed buildings.


The Act operates in conjunction with the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 which we have considered in a separate article titled Building Commissioners New Powers.

Exploding Glass Panels – Building Defects

The problem of nickel sulphide particles causing toughened glass panels to spontaneously shatter or explode without any mechanical damage being caused to them has been known about in expert glass articles since at least the 1960’s or 1970’s.


Design & Building Practitioners Act 2020 changes effective from 1 July 2021



The NSW Government recently made the Designers and Building Practitioners Regulation 2021 (“Regulation”) under the Designers and Building Practitioners Act 2020 (“Act”), assisting greatly in establishing how the Act will be phased in and work in practical terms.


Be Wary of any Combustible Cladding Material in Excess of 8% PE

The NSW Government has created the Cladding Product Safety Panel to provide expert advice to the NSW Cladding Taskforce and the Cladding Support Unit on the suitability of cladding replacement products and external wall assembly methods.


Have you Suffered Loss over a Pre-Purchase Inspection Report?

It is extremely important for any prospective purchaser to undertake enquiries and due diligence prior to purchasing a property. Pre-purchase inspection reports are crucial to ascertain the condition of a property and can usually be commissioned at a low cost. It is frustrating for any purchaser to find out that the property they have just bought has defects present which were not noted in the pre-purchase inspection report.


Building Defects: Who Pays?

A Major Management Issue of all Strata Owners


In 2012, a major study by the University of New South Wales found that 85% of strata owners had to address costly building defects. Since then the problem seems to have grown even worse, with some notorious major developments and a state-wide fire safety issue with external cladding materials.


A New Duty of Care: Game Changing Protection for Property Owners

A Response to Notoriously Defective Buildings


The Design and Building Practitioners Act 2020 (NSW) is the major legislative response to public concerns regarding defective buildings in New South Wales. Major developments at Mascot Towers and Opal Towers have received notorious media attention, and residential owners have been exposed to eye-watering rectification costs.


Building Defects Overview

Bannermans Lawyers’ construction team can provide tailored, commercial, effective legal advice to you in the management of building defect matters.

Should a Builder be Given an Opportunity to Rectify its Own Defective Work?

In a recent case, Ippolito v Cesco [2020] NSWSC 561 (“Cesco”), the Supreme Court shed further light on this question.


Builder Gone Bust? Making the most of Home Owner Warranty Insurance?

When faced with defective residential building works and a builder unable to satisfy a claim, focus will obviously shift to home owner warranty insurance.

However, having been intended as a last resort measure, this is subject to some significant limitations:

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