In June the NSW Government released a discussion paper, Building Stronger Foundations, as a first step in the implementation of their reforms to the building and construction industry.
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The discussion paper outlines the government's proposals to implement four key reforms:
1. Introducing a registration scheme for 'building designers' (building designers, architects and engineers);
2. Requiring building designers to declare plans and performance solutions are compliant with the Building Code of Australia, and that builders declare that they are built according to these declared plans;
3. Ensuring an industry-wide duty of care is owed to subsequent home owners; and
4. Appointing a Building Commissioner to act as the consolidated regulator.
The government proposes introducing legislation to implement the reforms described in the discussion paper by the end of 2019.
The resulting reforms have the potential to significantly broaden the classes of industry participants who will have direct liability to current and subsequent
Dean Frith is a lawyer and partner at Baker Love Lawyers