NSW gets new Building Commissioner
Written by David Lovato – CPC Lending Solutions
November 2024
The New South Wales Building Commission is now under new leadership with the appointment of James Sherrard as building commissioner, succeeding David Chandler, who retired in August.
Sherrard’s appointment comes after the Commission’s establishment in December 2023, which elevated the role from NSW Fair Trading to an independent authority focused on enforcing building standards.
The NSW Building Commission’s mandate is to lift construction quality across the state, reducing defects in new builds through robust oversight. Its creation followed high-profile incidents, such as the Opal and Mascot Towers, which exposed structural issues and inconsistent enforcement of building standards in NSW’s apartment sector.
Its key functions include:
- Managing disputes and complaints about building, renovation, trade or specialist trade work on residential and non-residential buildings
- Inspections and compliance for building quality in residential construction
- Licensing of tradespeople, design practitioners and certifiers
- Policy development and reform of building laws in the state
Recent reforms to strengthen the building industry
Since its establishment, the NSW Building Commission has introduced several reforms aimed at raising standards and accountability in the construction industry. These reforms empower the Commission to take more decisive action in areas like inspection, licensing and product safety, all to safeguard consumers and improve construction quality across NSW.
Expanded inspection powers
One of the Commission’s significant changes is the authority to inspect properties under construction and mandate rectifications. Inspectors now have the power to enter any construction site, from apartment buildings to free-standing homes, to identify potential or existing defects.
The Commission can issue several orders, including:
- Prohibition orders, blocking the issuance of occupation certificates or strata plan registrations
- Stop work orders, halting a developer’s work if issues are identified
- Building rectification orders, requiring defect remediation before work can continue
Anti-phoenixing measures
The Commission is also equipped with stronger anti-phoenixing powers, aimed at preventing developers from escaping financial obligations by dissolving and re-establishing companies. Under these new regulations, the Commission can reject, cancel or suspend licences for individuals involved in failed companies within the last 10 years.
Enhanced suspension powers
The Commission now has the authority to suspend certifiers, design practitioners and other key professionals if their ongoing work poses a serious risk, allowing for prompt intervention to safeguard public safety.
Strengthening building product safety
Starting in 2025, the Commission will introduce new requirements across the building product supply chain, impacting manufacturers, suppliers, importers and tradespeople.
These duties include ensuring compliance and sharing essential product information within the supply chain. The Commission also has the authority to issue warnings, enforce recalls and ban non-compliant products as necessary.
Cladding remediation
Finally, the Commission oversees Project Remediate, an initiative to replace flammable cladding on eligible apartment buildings, aiming to enhance safety through certified, fire-resistant materials.
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