The nuanced complexities of property disputes can surface in many forms, a compelling example being the case of The Owners – Strata Plan 85044 v Murrell. This case demonstrates the intricacies of airspace ownership, privacy...
Are you aware that developers, builders, and other persons owe a statutory duty to exercise reasonable care to avoid economic loss caused by defects? The Design and Building Practitioners Act 2020 (NSW) imposes obligations on...
Key takeaways – Development Applications A recent decision in the case of Hinkler Ave 1 Pty Limited v Sutherland Shire Council NSWCA 264 has provided clarity on when it is considered that a development application...
Build-to-Rent projects are starting to increase in popularity as Australia’s housing market continues to evolve. It refers to large-scale residential developments, which are usually high-rise apartment blocks. These dwellings are owned and managed by a...
Planning approvals The Minister for Planning can approve any development under the Act (subject to development standards) and integrate it into the planning system. This can only be made after consulting with the Minister for...
Building isn’t a perfect science, and it’s common for homeowners to come across minor defects post-construction. Most builders rectify these issues at no extra cost, particularly during the defects liability period of the building contract....
We have acted both for and against many people who have cut down trees and regretted it. As a matter of caution, contact your local council before you fire up the chainsaw. Legislative reforms introduced...
Characterisation is the process of defining a land use (‘or development’). This is critical to determining whether that use is permitted in any particular zone. In this article we demonstrate the importance of correctly characterising...
The commencement of the Low Rise Medium Density Housing Code in local council areas has been pushed back from July to 31 October 2019. Wollongong, Shellharbour, Kiama and Shoalhaven council areas have all been granted...
Over the last few years, the NSW Government has introduced major reforms to the NSW planning system, which included an overhaul of the Environmental Planning and Assessment Act 1979 (NSW). In December 2018, the Kaldas...
