Skip to content

Articles

THE NSW GOVERNMENT HAS APPOINTED A NEW BUILDING COMMISSIONER  

The NSW Government has appointed building and construction expert, Mr David Chandler, as the State’s first Building Commissioner.

Mr Chandler will start in the position on 14 August 2019.

Premier Gladys Berejiklian said “the appointment of Mr Chandler was part of the NSW Government’s commitment to implementing the biggest overhaul to building laws in the State’s history”1.

In February 2019 the NSW Government released its Response to the Shergold Weir Building Confidence Report.2 In this report the NSW Government described the Building Commissioner role as the consolidated building regulator in NSW who would administer all building laws, including:-

  • licensing and authorisation of building practitioners;
  • residential building investigations;
  • building plan regulation and audit;
  • residential building inspections and dispute resolution;
  • plumbing regulation;
  • electrical and gas safety regulation;
  • strata building bond scheme;
  • building product safety;
  • building and construction security of payment scheme; and
  • engagement and strategic collaboration with local government.

The Building Commissioner will have strong investigative powers to scrutinise any wrongdoing in the industry as well as disciplinary powers and conduct risk based audits of practitioners and documents.

The appointment of the Building Commissioner is important in the context of the extensive changes to the industry that will be implemented to ‘restore confidence’ in the community widely.

The NSW Government have indicated that the new legislation reforming the construction industry is due to be introduced into Parliament later this year.

See the following Kreisson articles in relation to the recommendations and reports that are informing this new legislation and the powers and role of the new Building Commissioner:-

  • Next steps in Building Regulations Reforms – “Building Stronger Foundations”3
  • NSW Proposed Reforms to the Building Industry 4
  • Mascot Towers and Opal Tower: Changes Imminent for the Construction Industry to Restore Consumer Confidence5

The extensive reforms under the administration of the new Building Commissioner are going to result in extensive changes for various building practitioners individually with respect to registration and the industry widely by reason of the new rigorous scrutiny and reporting requirements.

Please contact us for any advice as to the application of the imminent legislative regime to you or your business.

David Glinatsis (Director, Kreisson) and Catherine Lucas (Solicitor).

For more information, contact us at excellence@kreisson.com.au or on 02 8239 6500.

Download this Article

This communication is sent by Kreisson Legal Pty Limited (ACN 113 986 824). This communication has been prepared for the general information of clients and professional associates of Kreisson Legal. You should not rely on the contents. It is not legal advice and should not be regarded as a substitute for legal advice. The contents may contain copyright.


1.https://www.nsw.gov.au/your-government/the-premier/media-releases-from-the-premier/david-chandler-oam-appointed-nsw-building-commissioner/

2https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0007/451375/Response-to-Shergold-Weir-Building-Confidence-Report.pdf  The Shergold Weir Report was produced in  February 2018 by Peter Shergold and Bronwyn Weir entitled “Building Confidence: Improving the effectiveness of compliance and enforcement systems for the building industry across Australia” see https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf

3.https://kreisson.com.au/next-steps-in-building-regulation-reforms/

4.https://kreisson.com.au/nsw-proposed-reforms-to-the-building-industry/

5.https://kreisson.com.au/mascot-towers-and-opal-tower/