(1) to (4) Since the Building Minister's Forum meeting on 8 February 2019,
the Government released a response to the Building Confidence Report authored
by Peter Shergold and Bronwyn Weir on 19 February 2019 (the response). The
response is available on the Fair Trading website. All governments including
New South Wales have detailed their response to the Building .Confidence Report
through a national implementation plan. The national implementation plan is
available on the Building Minister Forum website. The Government Is committed
to getting these important reforms right, and the design and implementation of
the reforms will be developed in close consultation with the industry and
(5) (a) NSW Fair Trading audits the professional conduct of certifiers, not
buildings. The Government's four-point plan announced on 30 December 2018
includes a revamped compliance operation for the certification industry, with a
target of 25 to 30 per cent of the industry to be audited every year.
(b) Audits may be both desktop and on-site.
(c) Certifiers will be audited according to risk, considering their
complaint and disciplinary history and the types of buildings they certify.
(6) Under the Home Building Act, 1989 all residential building work is
protected by statutory warranties that are imposed by law In every contract for
These warranties are imposed on the developers and builders. These
warranties require that:
Consumers can seek redress for breaches of these warranties for up to six
years for breaches that result in a major defect in the building. Fair Trading
provides assistance to consumers to pursue the statutory warranties.
Consumers can pursue the builder or developer to rectify defects or can also
apply to the NSW Consumer and Trader Tribunal to enforce the warranties.
Home Building Compensation cover is not required for work involved in the
construction. Owners are however covered by the statutory warranty protections.
All residential or partially-residential properties that are four or more
storeys and commenced construction after 1 January 2018 will be covered under
the Strata Building Bond and Inspections Scheme. This scheme includes a
building bond by the developer and mandatory defect inspections and reports on
the development by an independent building inspector. It provides a structured,
proactive process that resolves building issues quickly and cost effectively,
early in the life of the building
(7) The Government sought feedback on three possible methods of alternative
appointment for private certifiers with the public release of Improving
Certifier Independence (the Options Paper) on 31 October 2018. The three
options included a rotation scheme, a cab rank scheme and a time limit scheme.
After considering the feedback received during consultation, the Government
decided not to progress with any of the proposals, instead announcing the
four-point plan detailed above in response to question (5).