On Wednesday 10 December 2014 the Governor proclaimed the commencement of the Home Building Amendment Act 2014.
There are three relevant dates. In summary:-
(a) the amendment that inserts a provision requiring disclosure about uninsured owner-builder work commences on 31 December 2014;
(b) amendments relating to:-
- contracts to do residential building work or supply kit homes;
- statutory warranties; and
- improper conduct
commence on 15 January 2015.
(c) the remaining amendments commence on 1 March 2015.
Our summary of the amendments, particularly as they impact strata and community schemes, is here.
The controversial amendment which introduces the concept of “major defect” in a “major element” of a building (predicted to remove the rights of many owners of newer buildings to claim against the original builder for serious building defects) will therefore commence on 15 January 2015. This gives the owners most likely to be affected by this amendment LESS THAN ONE MONTH within which to take advice, determine their position and, if so advised, commence litigation. If litigation is commenced before 15 January 2015, the dispute will be determined under the provisions of the current Act, potentially preserving the rights of owners in newer buildings and giving greater certainty of outcome.
NSW Fair Trading has developed a helpful comparison table , comparing the current law to the new law. It can be found here.
The information contained in this article is not legal advice. This article is intended to provide general information in summary form only. You should not rely on the content of this article as legal advice. If you would like advice specific to you and your situation, please contact us.