BUILDING ACT CHANGES – ANOTHER BACKFLIP?
Last year the state government introduced measures to implement sustainable building practices through the Building and Other Legislation Amendment Act 2009.
While the intent of the legislation should be applauded, many of the measures have attracted criticism from the industry, particularly the so called “ban the banners” provisions which rendered void many standard building covenants that are used to promote quality and consistent standards within planned communities and housing estates.
Among the amendments are prohibitions on covenants:
- prohibiting the use of a window that is energy efficient or the treatment of a window to ensure the window is energy efficient;
- prohibiting a person from occupying a building before particular landscaping, fencing, driveways or similar work associated with the construction of the building is completed;
- requiring a minimum floor area, number of bathrooms or bedrooms;
- requiring a minimum roof pitch; and
- requiring the construction of the building, or any landscaping, fencing, driveways or similar work associated with the construction of the building prior to occupation.
As a result of industry pressure, the government introduced the Building and Other Legislation Amendment Act (Assented on 23rd May 2010) which serves to amend some of the “ban the banners” provisions described above.
The Act will delete the current provisions relating to:
- prohibiting occupation of a building before particular landscaping, fencing and driveways or similar work are completed;
- prohibiting construction of a building within a particular timeframe;
- requiring a minimum roof pitch; and
- prohibiting the use of specific material or type of surface finish for the roof or external walls of a building.
We consider that the government is making steps in the right direction and the above moves will help to restore some confidence in a building and development industry that has been hit hard not only by prevailing economic conditions but numerous ill thought out (and probably mistimed) legislative initiatives introduced during the past year.
If you would like more information on this topic, please feel free to contact Rob Lalor of our office on (07) 3852 5055 or robert@redchip.com.au
Rob Lalor
Senior Associate
