This article is from the Australian Property Journal archive
TOPLACE has agreed to be liable for any current and future defects across almost 1000 apartments at its Skyview development in Castle Hill in exchange for the NSW building commissioner lifting its prohibition order.
The five-tower 960 apartments development was put under the prohibition order in June after structural defects were uncovered in the basements of the first two completed apartments in the complex, preventing buyers from moving in.
“Through the introduction of robust legislation we have now armed the NSW Building Commissioner with powerful tools to better protect consumers,” said Kevin Anderson, minister for better regulation.
The prohibition order followed audits on the development by NSW Fair Trading and a written directions notice by City Plan Services calling for independent engineering advice.
The June conclusion of an independent report ordered by the NSW building commissioner found that the complex should be monitored for the rest of its life.
For the order to be lifted, Toplace director Jean Nassif signed an agreement to undertake ongoing inspections and maintenance and for the Sydney based developers to be financially liable for future structural issues.
“Buying a home is one of the most important investments most of us make. This agreement demonstrates the Government’s commitment to protect customers by standing in their corner and protecting their interests,” said Anderson.
The legally enforceable agreement will mean an independent engineer will monitor the structure of the basement over the next 10 years with the owners corporation receiving a 20-year structural guarantee and a 10 year commitment to amend and cover the costs of any future defects.
“This resolution demonstrates the importance of quality certifiers. I’m also pleased the developer has entered into this undertaking that confirms Toplace’s public commitment to stand behind the project,” said David Chandler, NSW building commissioner.
According to Chandler, this undertaking will set a new benchmark for addressing and solving issue of serious defects in developments.
“The agreement will enable an occupation certificate to be issued with ongoing protection for owners,” concluded Chandler.
