\t\t\t\tThe Minister for Fair Trading this morning announced that the Home Building Amendment Act 2014 is now expected to commence in mid-January 2015. Up until today it was expected to commence on 1 December 2014.<\/p>\n
The Minister says consumers\u2019 \u201cprotections and rights would remain intact under the new home building reforms\u201d and further, consumers \u201ccontinue to enjoy all the protections afforded to them by home building laws, including the statutory warranty scheme.\u201d The media release also indicated that \u201cFor the first time, the reforms will specifically include fire safety and waterproofing as major elements of the building, which may have access to the six year warranty\u201d.<\/p>\n
We believe that consumers\u2019 rights will not be protected because, for instance, in order for fire safety and waterproofing defects to have such access they need to cause or be likely to cause:<\/p>\n
–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the inability to inhabit or use the building (or part of the building) for its intended purpose; or<\/p>\n
–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the destruction of the building or any part of the building; or<\/p>\n
–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a threat of collapse of the building or any part of the building.<\/p>\n
The updated Office of Fair Trading website indicates that the\u00a0majority<\/em><\/strong>\u00a0of the amendments and the Home Building Regulation\u00a0will commence<\/em><\/strong>\u00a0in January 2015 whereas the media release indicates\u00a0all\u00a0<\/em><\/strong>of the amendments are\u00a0expected\u00a0<\/em><\/strong>to start in mid-January (presumably 2015).<\/p>\n Therefore, the uncertainty surrounding the provisional date of 1 December 2014 for the commencement of these amendments has now been replaced with an even more uncertain mid-January 2015 date.<\/p>\n We will keep you informed as developments arise.<\/p>\n