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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.
“HIA backs the bipartisan approach to planning reform that is now on the table, and the expansion of complying development to speed up planning approvals and get more people into more homes sooner,” said Brad Armitage, HIA Executive Director NSW.
The Housing Industry Association (HIA) has proudly recognised South Australia’s most promising young talent at the 2025 HIA South Australian Apprentice Awards, held at the National Wine Centre of Australia in Adelaide on Friday night.
“The Housing Industry Association (HIA) welcomes today’s announcement to bring forward the start of the expanded Home Guarantee Scheme to 1 October. This promises to open doors for more people and is an important boost for aspirational home buyers in Australia,” said Jocelyn Martin, HIA Managing Director.
The Housing Industry Association (HIA) is pleased to see the announcement for action on red tape and approvals made by Minister for Housing Homelessness and Cities Clare O’Neil. “The burden of regulation related to building, planning and approvals is adding cost, and delays which is impacting our ability to supply the homes we need”, HIA’s Managing Director Jocelyn Martin said today.