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What happens to the Sydney property market and the residential construction industry if potential buyers do what they should be doing and avoid buying off-the-plan and recent developments in NSW at all costs because there’s no guarantee they’re defect-free and will retain their value?
First Opal Tower in Sydney’s west — from which many residents are still locked out, six months on, and in which many owners are financially trapped, unable to sell apartments rapidly declining in value. Now there’s Mascot Towers, a ten-year old apartment building in Sydney’s east that may have been damaged by construction next door, or may have fallen victim to the same problem as Opal Towers: the rotten building certification system in NSW.
Apartment owners who’ve been through the Byzantine process of trying to hold someone, anyone, to account for major building defects are taking to the media to warn people not to buy new builds.
This is what happens when governments let corporations have their way, regardless of the impact on consumers. We saw it with financial services. How many tens of billions of dollars did the big four banks and AMP rip off from their customers via retail super funds while the Coalition tried to roll back regulation and cut funding to the corporate regulator? Australians will be paying for that for decades to come in lost retirement savings and higher pension payments. But that could be dwarfed by the value destruction if property buyers in NSW work out they can’t be sure of what they’re buying and stampede for older housing stock.
The problem has been obvious for years: in 2017, a ministerial forum ordered a review of “the effectiveness of compliance and enforcement systems for the building and construction industry across Australia”. The result was a damning report by Peter Shergold and Bronwyn Weir that revealed a long list of problems recurring time and again in new construction right across Australia, and the inability or unwillingness of government bodies to prevent them or drive the perpetrators out of the industry.
But even after Opal Tower forced the Berejiklian government to promise urgent action, two years on there’s been limited progress in implementing the Shergold-Weir recommendations. Few of the commitments by the NSW government in the wake of Opal Tower have even made it to parliament.
A recent report by academics from Deakin and Griffith universities confirmed the bleak picture painted by Shergold and Weir, with the overwhelming majority of new apartment buildings on the east coast having defects — including 97% of NSW builds (another 2012 study found 85% of new apartments had defects). Chasing those responsible for the defects — builders and developers — is also problematic, especially with companies able to use insolvency to avoid paying to remedy problems identified by owners after completion. That, too, is a problem that’s been well-known for years, with little done about it.
The result is an industry where apartment owners risk their financial future on a caveat emptor system of regulation — and where developers and builders who work to appropriate standards have to compete with dodgy rivals. How soon before the kind of shift we saw during the financial services royal commission — when customers fled retail super funds on realising they were being ripped off — strikes the residential construction industry?
That industry is already in trouble. In the March quarter, the value of new non-house dwelling construction in NSW fell 7% and is back to 2017 levels. Australia-wide, it fell 4%. Further back up the chain, dwelling approvals for apartments and other non-house dwellings in NSW have been below 3000 per month since August, after being above 3000 a month since 2014. Nationally approvals are at around 6000 a month compared to 8000 and 9000 two years ago.
“The great home building downturn has started,” the AFR noted in April. Builders are laying off workers, some marginal companies have started to go under. The industry — one of Australia’s biggest employers — is on the cusp of a serious downturn.
The neoliberal free-for-all that successive governments have created around building standards could push it in, at a time when there’s precious little else besides government spending propping up Australia’s economic growth.
The real meaning of the so-called “pink bats scandal.”
Do you mean to say that: “It’s all Labor’s fault” is not true 😉
Yet funnily, the ABCC doesn’t want to hear about these issues…..nor ICAC, it would seem.
Before the bankster returned to doing what he does best with his banking mates, Baird made sure ICAC was emasculated. Referred to as a person of interest, Baird made sure he’d never have to answer for his part in any Liberal party corruption scandals.
I can remember that in my childhood and teens of over half a century ago, the building industry was well supplied with shonks and dodgy materials.
It seems that, like human behaviour in general, not much has changed.
Political peanuts like O’Farrell, Baird and now Berejiklian are in the grip of big moneyed developer’s bumboys, scripted crooks running the show. They think honesty and decency are for losers, the filth!
The problems in the building industry are not the same, or even similar to, the unlawful feeding frenzy in banking and financial services so brilliantly unearthed by Kenneth Hayne and his team; ie a rapacious corporate culture unrestrained by regulators whose legislated charter is to police that conduct and culture.
The problems in the building industry are very different. It started with Cyclone Tracy which revealed a cowboy/frontier approach to structural design in houses in Darwin. That led to the creation of the Building Code of Australia which in many jurisdictions other that the NT actually reduced the standard of construction; ie where better standards were the norm, to compete, builders had to ‘build down’ to the BCA.
The other seminal event was the High Court case of The Sutherland Shire Council -v- Heyman [1985] HCA 41. The High Court determined that the Sutherland Shire Council was liable in negligence for allowing a council-employed building inspector to miss a structural inspection. The structural fault was not, therefore, detected by the council and the building later suffered serious structural failures. That case caused, over time, all local governments to get of the inspection and regulation caper, handing it all to private enterprise.
And that is where it all started to go wrong. Developers lean on builders for cheaper prices. Design and construct builders lean on structural design consultants to reduce the cost of structures. Structural design consultants lean on certifiers to certify structurally marginal or inadequate structural design.
Then the cherry on the top, in NSW at least, is that in 2012 the NSW Supreme Court found that developers and builders of residential buildings (including high rise) DO NOT OWE the ultimate owners of the units or houses a duty of care in negligence. In NSW, therefore, if you cannot nail the developer or the builder for breaches of statutory warranties within 2 years, you have no-one to sue.
Bernard, you are right in pointing out that the building industry is an unruly cluster f*ck, but its is different kind of lawless orgy to that in financial services. However, the source of the problem is the same – the neo-liberal delusion that that the private sector can do everything better than the public sector.
Thanks for your insightful and well referenced comments on this issue. I agree with your summation but not having direct building industry knowledge am relying on your wise words and chosen chosen ‘display name’
Hi Just Curious. This is my area of expertise. I have been a construction lawyer for nearly 30 years after spending the first 15 years of my working life as a labourer, unqualified wood butcher and builder. It is certainly the devil I know. These emerging structural issues and the flammable cladding issues are shocking to most, but entirely predictable. However the greatest iniquity in the building industry is the way contracts are used as an instrument of commercial brutality, which feeds back into the quality problem. Whist the industry needs more effective regulation (licensing does bugger all when lined up against the rapacious profit motive), the most effective reform would be to outlaw a slew of oppressive contract conditions that have, regrettably become commonplace. But these neo-liberal muppets in Canberra consider it a mortal sin to interfere with the ‘freedom’ to contract, which is rigidly reinforced by the courts. So I am not holding my breath. But, as I have long said, I am in the fuck-up business and because the building industry has got progressively dumber and nastier, I have no shortage of business.
Sounds just like the finance industry to me been around.
Pretty good analysis Been Around.