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NSW extends building defects remediation program 

The NSW Government has extended the registration deadline for Project Intervene, a program to help apartment owners resolve serious defects in the common property of residential buildings that are up to 10 years old. 

Registrations will be accepted until November, instead of the end of this month as originally planned. 

The Government has also announced it will create the state’s first NSW Building Commission, a single body to oversee the regulation, licensing and oversight of the industry. 

It will also establish a new Building Act that “utilises” plain English, the Government says. 

“The new Building Act will consolidate and modernise many pieces of legislation, some decades old, scattered throughout the state’s statute books.”

NSW Premier Chris Minns says his Government is “determined to restore integrity to the building and construction industry”. 

Project Intervene, launched in the middle of last year, has seen about 100 owners’ corporations registered for support and 49 building inspections completed. 

The support includes help repairing serious defects in the common property of buildings such as waterproofing, fire safety systems, structural systems, building enclosure and building services.

Project Intervene aims to avoid costly and time-consuming legal options like going to court. If a registration is accepted, the Government negotiates an undertaking with the developer for the benefit of the owners’ corporation. All parties enter voluntarily but once an undertaking is signed it is legally binding. 

“The NSW Government wants more owners’ corporations to have the opportunity to register with Project Intervene to ensure residential apartment buildings with defects are brought up to an acceptable standard,” Minister for Building Anoulack Chanthivong said. 

“Ensuring existing apartment buildings are good quality, well-constructed buildings will give families greater confidence in this critical industry.” 

Under Project Intervene, there is no cost to the owners’ corporation as the developer pays for the remediation works and all associated costs. 

The program uses the powers of Fair Trading to compel developers/builders to remediate serious defects.