Much has been said about the complexities associated with attribution of liability for defective building works between various parties including builders, developers and subcontractors. In recent years, and particularly since the introduction of the Design and Building Practitioners Act 2020 (NSW) (DBP Act), it has become more difficult for developers and builders to limit their own liability for defective works. This can even extend, in [...]

Introduction Dividing fences are structures that separate adjoining properties. A dividing fence can be of any material (brick, paling, Colourbond, stonewall) or vegetation. Typically, a dividing fence runs along the boundary line but may be situated on one side if agreed upon by neighbours. In New South Wales, the responsibility for maintaining these fences is governed by specific legislation, the Dividing Fences Act 1991. This [...]

In our increasingly interconnected and technological world it is likely that you have seen news of several data and information breaches. Even if you are extremely careful in when and where you provide personal information there are other ways your information can be mishandled. For example, where you or someone you know may be completing a tenancy application. With this in mind,  NSW Fair Trading [...]

Section 106 of the Strata Schemes Management Act provides a statutory obligation on the Owners Corporation to maintain common property. If it is common property, the Owners Corporation must undertake the necessary repairs based on its obligations under s.106 of the Act.  If, on the other hand, the damage is to lot property, the Owners Corporations obligation arises in circumstances where the damage is caused [...]

Ordinarily a purchaser of a property is required to pay a 10% deposit when a contract is exchanged and then the balance of the purchase price is payable on settlement. It is becoming more common that purchasers are requesting to pay a 5% deposit on exchange rather than a 10% deposit.  These requests are being made for a variety of reasons.  For example,  a purchaser [...]

Understanding the key milestone of Practical Completion during home building works is essential for both homeowners and builders alike, marking the point at which a project is deemed finished and triggering important legal implications. Practical Completion Defined: Practical Completion is a term used to signify that a building project has reached a stage where it is fit for occupation and use for its intended purpose [...]

It is well known that an owners corporation is responsible for repairing and maintaining its common property in strata lots. If they fail to do so, a lot owner has the right to bring a claim for damages arising from any reasonably foreseeable loss that occurs as a result (such as loss in rental income). It is important that lot owners are aware of the [...]

What is a building inspection report and what role does it play in the purchase/sale of property? A building Inspection report details the property's condition and identifies any issues that are found by the inspector at the time of inspection like defects or problems such as rising damp, safety hazards or cracking and movement in the walls. It is important to obtain a building inspection [...]

Most of us can agree that there is nothing worse than being rudely awoken by construction in the early hours of the morning, or even hearing the neighbours try and do some “quiet” renovations in the middle of the night. Thankfully there are legal avenues available to counter consistent, and persistent nuisances that interfere with your quiet enjoyment. What is an Offensive Noise or a [...]

A Strata Scheme is a building (or group of buildings) which has been divided into lots, such as apartments, townhouses or villas.  When you buy into a strata scheme, you share ownership of the common property with the other owners, which can include walls and floors, stairways, lifts, roofs, driveways, outside areas and gardens. What are your responsibilities when you buy into a Strata Scheme? [...]