Why New Building Law Will Not Fix Apartment Water Ingress Disputes
Changes to Building law in Victoria won’t resolve the most common problem in apartment defect disputes…
Water ingress problems!
As a property damage lawyer who acts for plaintiffs and applicants (owners) and also building professionals, I know that a warranty defect claim against a builder is only one of the potential causes of action.
The others include negligence and proportionate liability claims against design professionals and RBS, Water Act claims between neighbours and owners corporations and other tort claims like nuisance and ACL claims too. All of these claims appear beyond the scope of the new BPC’s dispute resolution service.
So, I look at the recent changes to building law in Victoria which give the Building and Plumbing Commission substantial new powers as only one part of the puzzle.
The commission can’t deal with a Water Act claims and still hasn’t even addressed plumbing insurance - so water claims are still largely the same as before in apartments.
Sure, we all don’t want to see a catastrophic Grenfell type disaster and there was substantial funding for Cladding Safety Victoria. However, the most common issues I see in apartment blocks are:
- water ingress,
- waterproofing,
- defective balconies, and mould related issues.
Water ingress and mould can substantially impact a residents quality of life, in extreme cases they cannot sell their property and lose substantial value or become very sick.
Further, I often see remedial works being done on the cheap given constraints on cost at OC committee level.
VCAT can take years to hear these types of disputes while homeowners wait.
The government’s new legislation hasn’t addressed those matters.
So whilst the regulators and government are high-fiving each other on the new changes we all know in the building dispute sector that so many issues remain unaddressed.
Plus, even though I act for more owners than builders, I sympathise with builders - much of the new powers are focused on them. What about design professionals, a statutory duty of care, plumbing insurance and making the system cohesive with the VCAT or addressing VCAT problems with federal jurisdiction? What about funding VCAT properly?
The Building and Plumbing Commission can’t address Water Act claims, hasn’t clarified how they will deal with proportionate liability with design professionals and haven’t ensured government will address plumbing insurance at all.
This post isn’t about complaining about what can’t be done. It’s about saying to the industry and our government/regulator. Let’s get focused on what you can do. We need a strategy and decision on plumbing insurance and how to manage existing water ingress problems in apartments and how the BPC proposes to deal with design related issues that arise in Building defect complaints. Plus what about a statutory duty of care?
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Recent articles
-
A Satirical Look at How Professional Indemnity Claims Really Get Handled
Introducing Continuity Perpetuity, a fictional insurer whose proprietary claims methodology ensures every claim is perpetually considered and then vigorously defended.
-
Royal Commissions Spectacle or Genuine Reform
With Victoria's Royal Commission into major construction projects underway, the real question is not who gets called or charged. It is what actually comes out the other end.
-
Does Victorian Building Warranty Insurance Really Protect Subsequent Owners
A significant concern is emerging about the practical protection warranty insurance gives to people who buy a home after the building works are finished. Fall-Armytage brings it into focus.
-
How Domestic Insurers Use Cash Settlements to Underquote Repairs
Insurers increasingly offer cash settlements from preferred repairers that will not cover the cost of the actual repairs, and the scope of works proposed is often not enough.