Understanding the Initial Period of a Strata Scheme in NSW: A Comprehensive Guide for Developers and Owners Corporations
In the dynamic realm of property management, strata schemes have become an integral aspect of New South Wales’ (NSW) real estate landscape. These schemes, governed by regulations and obligations, play a pivotal role in defining the relationship between developers, Owners Corporations, and individual unit owners. One key element in this intricate web is the ‘initial […]
Guide to the Statutory Duty of Care under Section 37 of the Design and Building Practitioners Act: Implications for Strata Property Owners and Building Practitioners in NSW
In the intricate landscape of property law, the Design and Building Practitioners Act 2020 (NSW) (DBP Act) stands as a pivotal piece of legislation, particularly Section 37. It introduces a statutory duty of care in section 37 of the DBP Act that directly affects construction professionals and property owners alike. For homeowners and strata corporations, […]
Can I prevent the Builder from rectifying defective building work? the Right to Fix Construction Defects: Balancing Owner’s Rights and Builder’s Obligations
Construction defects can be a major concern for owners, requiring crucial decisions on whether to allow the original builder to rectify the issues. Understanding the legal principles and lessons derived from relevant court cases can help owners and builders navigate these disputes effectively. In this article, we will explore key lessons learned from two notable […]
Dealing with Mould Issues in Strata Properties: Responsibilities and Financial Compensation in NSW
Mould problems within buildings are increasingly prevalent in New South Wales, posing a significant and growing concern for lot owners. These issues not only jeopardise the structural integrity of properties but also have detrimental effects on the health and financial well-being of those affected. The rise in mould-related incidents in the last few years has […]
Resolving Strata Disputes: NCAT’s Power and Limitations Explained
In recent times, the powers bestowed upon the NSW Civil and Administrative Tribunal (NCAT) to settle strata disputes have been the subject of much debate. Specifically, the question arises as to whether NCAT has jurisdiction over all strata disputes or only certain ones. In this article, PBL Law Group aims to help both Owners Corporations, […]
Project Intervene in NSW: A Comprehensive Guide how Project Intervene Approaches Defect Resolution in NSW
In response to the prevalent issue of serious defects in residential apartment buildings, the NSW Building Commissioner launched “Project Intervene.” This innovative initiative aims to address defects in recently completed and occupied residential apartments in a timely and cost-effective manner, providing an alternative to lengthy and expensive litigation. In this article, we explore the background, […]
How Owners Corporations Can Sue for Building Defects in NSW: A Comprehensive Guide
The surge in high-rise buildings and multi-unit developments throughout New South Wales (NSW) in the past two decades has resulted in an increase of building defect disputes, creating significant challenges for Owners Corporations. In this comprehensive guide, we will shed light on how Owners Corporations can effectively manage and sue for building defects, by examining […]
Understanding Statutory Warranties under the NSW Home Building Act: A Comprehensive Guide to Builder Responsibilities, Homeowner Rights, and Warranty Claims for Defects and Structural Issues
When it comes to engaging in residential building work, it’s essential to understand the statutory warranties provided under the NSW Home Building Act 1989 (the HBA). These warranties serve as vital protections for homeowners, ensuring that their investment is safeguarded. In this article, we will explore the six main statutory warranties that are implied into […]
Understanding Major Defects in Residential Buildings under the Home Building Act 1989 (NSW): A Comprehensive Guide
Major defects in residential buildings have become a pressing concern, particularly in the aftermath of high-profile evacuations like Mascot Towers and Opal Tower in Sydney, NSW. In a study conducted by the University of NSW City Futures Research Centre, it was revealed that a significant percentage of owners’ corporations have reported major defects in their […]
Recovering Loss of Rent Due to Common Property Defects: A Guide for NSW Strata Lot Owners and the Role of the Owners Corporation
Investing in a strata property can be a lucrative endeavour, providing owners with a steady rental income. However, when defects arise, resulting in a loss of rent, lot owners may find themselves facing financial hardships. In this comprehensive guide, we will explore the steps lot owners can take to recover the loss of rent from […]
