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“HIA acknowledges the need for accountability in the development and construction sector, though there is a balance to be struck between ensuring that consumers are protected and that businesses are not unduly hindered in addressing the critical housing shortage within the Territory,” said Greg Weller, HIA Executive Director ACT/Southern NSW.
“As the draft legislation stands, it casts the net incredibly wide as to who is deemed a developer. It is our understanding that there are to be limitations created at a later date through Regulation, however, while this detail is not known there is great deal of uncertainty as to who is covered and who is not.
“The ACT has a very effective builders licensing regime, which coupled with Builders Warranty Insurance, provides a functioning system that protects consumers in the event of non-completion or defects for all dwellings up to three stories. To overlay this with an additional licensing scheme, will do little to increase accountability or consumer protection, but add additional costs and red tape to building.”
Alongside the developer licensing proposal, separate legislation also proposes to create a ‘reverse onus of proof’ for builders and developers when in litigation.
“Rather than requiring the person or group pursuing an action to establish that the builder or developer has caused the alleged problem, this effectively requires they prove their innocence. In many circumstances this could be impossible, with a builder having no control over what happens after handover.
“This is a fundamental shift from one of our basic principles of law, that you are innocent until proven guilty.
HIA remains committed to working with the Government on sensible reforms as the legislation progresses through the Legislative Assembly,” concluded Mr Weller.
The NSW Productivity and Equality Commissioner, Peter Achterstraat AM, has today published his final report following a review into the housing market, residential development and construction industry barriers currently impacting housing supply in New South Wales.
HIA welcomes today’s report from the NSW Productivity and Equality Commissioner, Peter Achterstraat AM, review of housing supply challenges and policy options for New South Wales. The report shines a light on some of the critical barriers to housing supply in this state.
The Housing Industry Association (HIA) is calling on the ACT Government to stop plans to fund a legal and planning service that will provide support to people or groups objecting to new housing development.
The Housing Industry Association (HIA) will recognise excellence in residential building and design at the 2024 Riverina Housing Awards in Wagga this week.