The New South Wales Court of Appeal recently handed down a long awaited reserved decision in the case of Ku-ring-gai Council v Chan.


We explore below three of the significant recent developments in case law concerning building certification practices.

This is a submission from Bannermans Lawyers addressing issues raised in the discussion paper, based on our experience acting for strata schemes, community associations, lot owners, managing agents and contractors in relation to strata scheme and community association transactions and disputes. We will confine our submission to issues concerning strata schemes and community associations, i.e. the issues raised in section 1.6 of the discussion paper.


COUNCIL certifiers are subject to the same obligations as private certifiers to check self-certified building work but they are protected from being prosecuted or sued if they have acted in good faith.


The court’s response to unsatisfactory industry practices by accredited certifiers.


Disciplinary proceedings against certifiers – The door opens!


Some of the industry practices traditionally adopted by private certifiers have been strongly criticised by two recent decisions of the Administrative Decisions Tribunal (ADT) upholding findings against certifiers made by their regulatory body.


There seems to be an ever increasing proportion of strata buildings suffering from an array of defect issues. Occupation Certificates for many of those building have been issued by private certifiers.