<a href="https://www.apartments.com.au/developers/draycon">Draycon Building</a> is nearing completion of Boutique Chevron Island, a 42-apartment development on the northern end of Chevron Island at 17–19 Parneno Street, with a limited-time offer of fully furnished apartments available.

Now more than 90 per cent complete, <a href="https://www.apartments.com.au/buildings/boutique-chevron-island-17-19-parneno-chevron-island-qld-4217">Boutique</a> has been shaped by one of the Gold Coast’s most tightly held island addresses, where riverfront outlooks and walkable access to Surfers Paradise converge.

For Draycon Building Managing Director Howard Dabit, the appeal of the site was immediate.

“I knew it was a good site as soon as I saw it,” Dabit said.

“The position and location on the north end of <a href="https://www.apartments.com.au/developments/chevron-island-qld-4217">Chevron Island</a>, the way the river swirls around the site basically from the north to the east, it feels like the site is surrounded by the water. The height that we’ve got and the aspect looking north is beautiful. Eighty per cent of the apartments are looking north so they get that drenching sunlight coming in.”

[smartcode_project:default project_id=89709 project_image_fid=360922]

That northern orientation places the development within a stretch of Chevron Island defined by open river aspects and skyline views, while remaining embedded in the suburb’s established village setting.

Chevron Island has increasingly drawn owner-occupiers seeking centrality without the intensity of high-rise beachfront living. Positioned at the geographical centre of the Gold Coast, the island offers direct access to both the beach and key cultural infrastructure while retaining a neighbourhood-scale character.

Connected by bridge to Surfers Paradise, Chevron Island offers walkable access to beaches, riverfront parklands and a revitalised foreshore boulevard animated by walkers and cyclists throughout the day. The Pacific Ocean is only minutes away, reinforcing the suburb’s dual river-and-surf identity.

At the same time, Thomas Drive forms the spine of the island’s village life, delivering cafés, wine bars, casual dining and everyday services within easy reach. Independent grocers, wellness operators and neighbourhood retailers contribute to a community atmosphere that remains distinct from the vertical scale of the beachfront.

[smartcode_project:default project_id=89709 project_image_fid=360915]

In the opposite direction, the Green Bridge links directly to HOTA – Home of the Arts – placing galleries, performance venues and parklands within walking distance. Weekly markets and major exhibitions draw visitors from across the region, while residents return to a quieter residential pocket at day’s end.

Public transport, including nearby bus routes and the G:link light rail corridor along the coastal spine, strengthens connectivity north and south. Griffith University, the Gold Coast University Hospital precinct and established private schools such as The Southport School are all within a short drive.

Ongoing investment across Surfers Paradise, HOTA and the broader Southport corridor has elevated amenity while preserving Chevron Island’s comparatively low-rise residential character. It is this balance, walkable village atmosphere paired with metropolitan-scale infrastructure, that continues to differentiate the suburb from higher-density beachfront precincts.

Boutique comprises just 42 residences, designed to maximise river and skyline outlooks within this tightly held island setting.

Boutique Chevron Island is slated for completion in April 2026, with prices starting from $1,220,000.

[smartcode_project_cta:default project_id=89709]

Joel Robinson

Draycon Building’s Boutique Chevron Island places 42 residences at the heart of the Gold Coast

Sydney developer <a href="https://www.apartments.com.au/developers/deicorp">Deicorp</a> has secured planning approval for a $300 million residential development in Lindfield, marking the company’s second project on Sydney’s North Shore and its first on the Upper North Shore.

Located on Beaconsfield Parade and designed by DKO Architecture, the state significant development comprises three buildings of up to 10 storeys and will include 399 residences, including 59 affordable homes and 40 adaptable homes.

Residences will range in size from one, two and three bedrooms, with two-bedroom apartments accounting for over 60 per cent of the product make-up. Residents will have access to a broad suite of amenities, including a wellness area, indoor and outdoor recreational spaces, a pool, a gym, a community room and a golf simulator.

In line with Deicorp’s long-standing focus on creating transit-oriented communities, the project is located just 260 metres from the Lindfield Train Station, reinforcing its role in delivering well-connected housing close to established infrastructure, retail and local services.

The inclusion of affordable and adaptable housing supports greater diversity within the local market, while the mix of apartment types responds to demand from downsizers, young professionals and families seeking access to the Upper North Shore.

Deicorp Founder Fouad Deiri OAM said the approval represents an important milestone for both the company and the suburb

“This approval allows us to deliver well-designed homes in a location that is already supported by strong transport and community infrastructure," Deiri said.

"Our focus is on creating places that integrate into their surroundings and provide long-term value for residents, and the broader Lindfield community. Being within walking distance of the station ensures this project supports sustainable growth in the right locations."

Across its portfolio, Deicorp currently has 4,703 apartments under construction, playing a leading role in shaping connected, liveable communities across Sydney.

Its expanding portfolio of Metro-linked developments includes Tallawong Village, <a href="https://www.apartments.com.au/new-apartments/kings-bay-village-five-dock-53-75-queens-road-five-dock-nsw-2046">Kings Bay Village</a> in Five Dock, <a href="https://www.apartments.com.au/new-apartments/hyde-metropolitan-sydney-133-141-liverpool-street-sydney-nsw-2000">Hyde Metropolitan</a> in Sydney CBD, <a href="https://www.apartments.com.au/new-apartments/falcon-alexander-crows-nest-8-alexander-street-crows-nest-nsw-2065">Falcon &amp; Alexander</a> in Crows Nest and Showground Village, Castle Hill.

Deicorp purchased the Beaconsfield Paradise site last year. Construction is scheduled to commence in Q2 of 2026 and will be completed in 2029.

Deicorp expands portfolio to nearly 5,000 apartments with Lindfield project

In a joint venture with The Trump Organization, Australia developer Altus Property Group has announced plans to bring a Trump International Hotel &amp; Tower to the Gold Coast, marking the first Trump-branded project in Australia.

"Trump International Hotel &amp; Tower, Gold Coast is our first official project in Australia and reflects our unwavering commitment to delivering world-class luxury experiences in iconic locations around the world," Eric Trump, Executive Vice President of The Trump Organization, said.

"This development exemplifies the Trump brand’s dedication to quality, sophistication, and unmatched service, and we are thrilled to bring this vision to the vibrant Gold Coast community."

The 91-storey building, which will become the tallest in Australia at 335 metres, will feature a&nbsp;285-room luxury hotel bearing the trademark Trump logo. It will also include 272 luxury residential apartments, a three-level podium with an exclusive Beach Club, and over 3,400 sqm of premium commercial, retail, and dining space, revitalizing the central Surfers Paradise precinct.

“Trump International Hotel &amp; Tower, Gold Coast will be a truly unique offering in the Australian market, bringing the prestige and allure of a world-class luxury brand,"&nbsp;Altus founder and chief executive David Young said.

"Altus Property Group is proud of its track record in delivering landmark developments across Australia, and our expertise ensures this project will be an outstanding success."

Trump Hotel heads for the Gold Coast to become Australia's tallest building

More than a century after the Corrimal Coke Works first opened in 1912, the industrial landmark that helped shape the suburb is being reinterpreted as a walkable residential neighbourhood, with Stage One of <a href="https://www.apartments.com.au/new-apartments/the-works-stage-one-27-railway-street-corrimal-nsw-2518">The Works</a> now underway at 27 Railway Street.

For 102 years, the site was central to <a href="https://www.apartments.com.au/developments/corrimal-nsw-2518">Corrimal</a>’s economic and social identity before operations ceased in 2014. Rather than erasing that legacy, developer Legacy Property has embedded it into the masterplan, retaining and reinterpreting elements such as the iconic 1912 brick chimney and sections of the original C1 Coke Oven Battery, alongside the adaptive reuse of the former powerhouse building.

Stage One will introduce 181 apartments across low-rise buildings, offering predominantly two and three-bedroom residences with completion targeted for mid-2027. The scale and configuration reflect a deliberate focus on owner-occupiers, targeting those seeking a lower-maintenance home in a prime location within the northern suburbs of Wollongong.

[smartcode_project:default project_id=143415 project_image_fid=359833]

Apartments have been designed to maximise natural light and cross-ventilation, with floor-to-ceiling glazing extending living areas onto generous balconies. Engineered timber flooring, induction cooktops and 900mm ovens in larger residences support everyday functionality, while two interior palettes allow buyers to tailor finishes to their preferences. The material selection draws on a restrained coastal language, intended to connect homes to their surroundings rather than compete with them.

The Works forms part of a broader 18-hectare masterplan that will ultimately deliver around 550 dwellings, new parks, and a heritage precinct celebrating the site’s past. More than seven hectares are dedicated to open space, including Southern Park and a Village Green with community gardens and recreation areas. The creek corridor is being rehabilitated with 150,000 native plantings, restoring biodiversity to the site and softening landscape.

[smartcode_project:default project_id=143415 project_image_fid=359841]

Positioned adjacent to Corrimal Station and within walking distance of Corrimal Town Centre, the precinct places daily essentials, rail connections and local retail within easy reach. Wollongong CBD, including the hospital, university and entertainment venues, sits approximately 6.5 kilometres to the south.

For buyers more familiar with North Wollongong, Corrimal offers a different proposition: a well-established coastal suburb framed by beaches to the east and the escarpment to the west, with a strong sense of local identity shaped in part by the former Coke Works. The Works seeks to reinforce that identity by creating a connected, walkable neighbourhood between coast and escarpment, rather than a standalone apartment complex.

Sustainability underpins the development approach. The Works is targeting Wollongong’s first 5-Star Green Star-rated community, with water-sensitive urban design, recycled materials and energy-efficient buildings integrated across the masterplan. For residents, these measures provide not only environmental benefits but also reduced operational costs and future resilience.

[smartcode_project:default project_id=143415 project_image_fid=359842]

With construction commenced and display materials available to view, prospective buyers can now engage more directly with the project’s vision, reviewing floorplans, material selections and the broader masterplan in detail. For many local homeowners weighing a move, the opportunity to experience how heritage, landscape and contemporary design intersect may help bridge the gap between familiarity and the next chapter.

As Stage One progresses toward its mid-2027 completion, The Works represents a significant chapter in Corrimal’s evolution, transforming a site that once powered local industry into a walkable residential precinct designed for its next generation of residents.

[smartcode_project_cta:default project_id=143415]

Legacy Property’s The Works reimagines Corrimal’s century-old Coke Works

When it comes to developing in Melb​ourne's Bayside region, <a href="https://www.apartments.com.au/developers/lowe-living">Lowe Living</a> knows exactly what buyers want.

With a longstanding presence in the area and a string of sell-out projects, Lowe Living consistently delivers developments that are as sought-after as their predecessors.

Their latest instalment is in <a href="https://www.apartments.com.au/developments/hampton-vic-3188">Hampton</a><a href="https://www.apartments.com.au/developments/hampton-east-vic-3188">&nbsp;East,</a> the same postcode where they have previously delivered Hampton Hill and Oceano. The developer-builder recently commenced construction on its newest project,&nbsp;<a href="https://www.apartments.com.au/new-apartments/marella-hampton-31-35-alicia-street-hampton-east-vic-3188">Marella</a>, a collection of 32 apartments just five minutes from the beach.

Site acquisition is paramount to success. Lowe Living rarely brings a building to market that isn’t within walking distance of essential amenities, whether it be the beach, a prominent retail strip, or a train station. Marella is no exception, located at its Alicia Street address, less than a kilometre from the retail heart of Hampton Street and Hampton Station.

[smartcode_project:default project_id=146197 project_image_fid=358495]

Equally important to Lowe Living is the architecture.

For Marella, they appointed <a href="https://www.apartments.com.au/architects/cera-stribley-architects">Cera Stribley</a>, who explains that the architectural vision was to create a contemporary reinterpretation of the Californian bungalow, a style that’s iconic to Hampton’s heritage.

"By borrowing, abstracting, and reinterpreting elements of this quintessential style, such as strong datum lines, articulated columns, exposed structures, and roof tiles, our design strikes a balance between modernity and familiarity," says Cera Stribley.

"This approach ensures that the development is not only visually appealing but also contextually sensitive, resonating with Hampton's existing architectural landscape."

[smartcode_project:default project_id=146197 project_image_fid=358499]

The building features terracotta brick, soft cream masonry, and exposed metal detailing, giving it a tactile presence that is intended to weather gently over time.

Internally, the focus on lasting quality continues, with two and three-bedroom residences anchored by sculptural stone kitchen islands, natural light, and clearly defined transitions between living, dining, and outdoor spaces.

The layouts have been carefully designed. Open-plan zones extend to private balconies, with light-filled interiors and generous kitchen proportions, supported by Miele wall ovens, induction cooktops, and integrated fridge-freezers. These are not small apartments rebranded as luxury; they have been designed at scale, with ample storage, hotel-style entry access, and secure basement parking provided as standard.

[smartcode_project:default project_id=146197 project_image_fid=358492]

At the uppermost level, Marella’s Signature Collection penthouses offer city or bay views, large entertaining terraces (some with outdoor spas), and elevated finishes, including fully wrapped stone kitchen benches and a Liebherr wine fridge.

Flexible room arrangements allow for a fourth bedroom or secondary living space, sought-after by both empty nesters who want the space when family visits and families with older children.

[smartcode_project:default project_id=146197 project_image_fid=358498]

A residents’ lounge on the ground floor reinforces the project’s small-community feel. With a fireplace, private dining area, and adjoining terrace, it’s one of several shared spaces that balance amenity with privacy and scale.

Construction has commenced, with completion expected in early 2027.

[smartcode_project_cta:default project_id=146197]

Lowe Living continues Bayside legacy as Marella rises in Hampton

Building Defect

<html><body>
Researchers from UNSW Sydney’s City Futures Research Centre and the University of Technology Sydney (UTS) have, in partnership with the Strata Community Association (NSW) have developed the 'Strata Rectification Guide.

The <a href="https://cityfutures.be.unsw.edu.au/research/projects/defect-rectification/">online tool provides helpful information</a> for property owners and strata managers to navigate the process of identifying, documenting, reporting and rectifying building defects in strata schemes.

While the NSW Government has introduced a suite of reforms to the multi-billion-dollar apartment building sector in the aftermath of Opal Tower, the guide complements these changes by focusing on consumers already in buildings impacted by defects.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/pictures/article-images/strata.png" rel="gallery-all"><img alt="" class="image-article-full-width-580px" height="283" src="/s3/files/styles/article_full_width_580px/public/pictures/article-images/strata.png?itok=1AETkuUy" width="580"></a>
</figure>Strata Community Association (NSW) President Chris Duggan believes this guide could be a ‘game changer’.

“With the state’s reforms and the Building Commissioner reshaping construction quality, this guide complements the retrospective effort of the strata industry in educating managers and assists consumers to deal with the practical realities of defects,” he said.

Martin Loosemore, Professor of Construction Management at UTS, noted defects in apartment buildings have been a concern in NSW for many years and more will be affected in the future.

“Parts of the industry have been worried about building defects for some time before Opal Tower put it on the political map,” Prof. Loosemore said.

Though the particular focus of the guide is defects in common property such as hallways and courtyards, it also covers all levels of defects and their severity.

While the guide is most useful for current and potential strata apartment owners, renters could also find the guide beneficial for clarifying rights and responsibilities.
</body></html>

Researchers from UNSW and UTS have developed the ‘Strata Defects Rectification Guide’ in partnership with Strata Community Association (NSW).

urban.com.au

 New apartment defect rectification guide released for NSW strata owners and managers

<html><body>
Things are going from bad to worse for the 132 owners in the defective Mascot Towers complex in Sydney.
Residents were <a href="/news/mascot-towers-residents-await-causes-of-cracking">evacuated in June</a> after cracking in its beams forced them out.
Now there are more cracks appearing, and the already noted cracks are getting wider.
Urgent repairs are now required to avoid a structural failure.
Owners and residents were updated by a structural engineer commissioned by law firm Mills Oakley yesterday. 
They raised a significant concern toward  an increased cracking in the basement footing slab which supports the towers.
“(We) have been advised that remediation of the bearing capacity of the soil underneath the slab is now required on an urgent basis so as to avoid a structural failure in the north eastern tower one corner,” the advice reads.
Cracks currently range between 0.2 and 0.5 millimetres.
“It is our current view that once the cracking reaches 0.8mm the structure would be deemed unsafe,” the structural engineer warned.
Sky News advised residents are not expected to return this year. 
<iframe src="https://www.youtube.com/embed/NzTplQHydSU" frameborder="0" width="360" height="315"></iframe> Source: Sky News.
Earlier in the year it was suggested the neighbouring Peak Towers apartment block, developed by Aland, had affected Mascot Towers, a sentiment which engineering consultants agreed with.
Aland <a href="/news/not-us-says-aland-as-mascot-towers-crack-concerns-investigated-in-2011">rubbished the claims in June</a> and reportedly denied lawyers representing the Mascot owners corporation <a href="/news/aland-deny-any-mascot-towers-culpability-but-refuse-access-to-neighbours">entry to the building</a>.
Residents told how the basement carpark was flooded during the Peak Towers excavation.
The Mascot Tower was developed by the Elias family to a design by architect Krikis Tayler.
In the 2006 off the plan marketing prices started at $340,000 for a 72 sqm one-bed unit, from $450,000 for a 97sqm two-bed unit with two car spaces, and from $800,000 for 139sqm and three beds, also with two car spaces.
 
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jrobinson-rf4aSBido9

Mascot Towers cracks get bigger, with structural failure now feared

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A lucky absentee apartment owner in the Opal Tower at Sydney Olympic Park has been able to escape the building cracking turmoil with a profit.
His damaged 10th floor apartment — possibly the worst affected within the 392 apartment high-rise — has been sold for $950,000.
But it appears to be a one-off sale as it has been bought by the besieged builder of the tower, Icon Co (NSW) Pty Ltd, whose solicitor declined to comment on the reasons behind its purchase.
The bullish $950,000 sale price of apartment 1005 was $158,000 more than the $742,000 off the plan price paid in 2014.
It was located on the 10th floor which saw severe cracking which prompted the evacuation of the entire building last Christmas Eve.
There were images soon after showing the damage outside the 1005 door.
The now sold two bedroom, two bathroom 86 sqm apartment had been a $600 a week rental before the cracks.
The vendor was Quan Zhou whose sales legal paperwork was lodged by China-based, Chengdu-headquartered Tahota Law Firm which has a liaison office in Sydney.
The Telegraph was not able to contact their Sydney solicitor, Yijing Hua.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/8/1/Opal%20Tower.jpg" alt="">
Minter Ellison lawyer Susan Bellamy signed the acquisition paperwork for Icon but declined to comment when asked if further acquisitions are being sought or offered to other owners.
The building’s last sale was a few weeks before the evacuation last December.
By next week just 12 apartments will remain unable to be occupied.
Without confirmation from Icon, it is speculated the purchase was because the builder required ongoing access, and would eventually need to substantially reconfigure the apartment space.
Sydney property consultant Edwin Almeida said it would be mistake if the intention of the sale was to reset valuations.
“Valuers won’t put their names or professional indemnity insurance or certificates on the line,” he said.
Residents and agents contacted by The Daily Telegraph don’t hold out much hope that the profitable sale of 1005 will be replicated should others wish to sell.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/8/1/Opal%20Tower%20apartment%202.jpg" alt="">
“You’d think once other owners have heard of the sale, there’ll be a massive queue to sell to the builder,’ one observer said.
The Sydney Olympic Park development, which was completed in August last year, saw sales range from $505,000 up to $2.498 million for the 35 floor penthouse.
The building was very popular with investor buyers of Asian origin, many of whom bought off the plan in 2014 and 2015.
It was in 2014 when the developer Ecove entered into the Opal project agreement with the Sydney Olympic Park Authority (SOPA).
Last week owners of units lodged a class-action lawsuit in the NSW Supreme Court against SOPA which owned the land on which the complex was built.
The action was filed in the NSW Supreme Court on Friday led by owner Terry Williamson.
Lawyers for the owners have filed documents claiming the building was not designed and constructed with due care and skill, and was not reasonably fit for occupation.
Premier Gladys Berejiklian defended the right of owners to sue her government agency.
“I don’t blame anybody for taking legal action to defend their own rights,” Ms Berejiklian said.
Premier Gladys Berejiklian noted it was “an unfortunate set of circumstances.”
“We inherited the system we have today and we’re aiming to fix it by the end of the year through legislation.”
Ms Berejiklian said the government will be announcing a new building commissioner “imminently” to oversee the problem-plagued construction industry.
Icon has recently agreed to pay $1.7 million of the tower's $2 million insurance premium, saving owners from a potential second evacuation from the defective building.
This article was first published in the Daily Telegraph.
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j.ballantyne1990-6AQqhLzZaK

Opal Tower builder Icon buys 10th floor apartment

<html><body><div class="page" title="Page 2">
<div class="layoutArea">
<div class="column">EXPERT OBSERVATION</div>
<div class="column"> </div>
<div class="column">On 15 January 2015, the Home Building Amendment Act 2014 changed the terminology and definitions from structural to “major” and from minor to “in any other case” i.e. non-major.</div>
<div class="column"> </div>
<div class="column">These amendments apply retrospectively to residential building work commenced or completed prior to the commencement of the amendment except in relation to a dispute in which proceedings had already commenced prior to the operation of the amendment or in relation to contracts entered into prior to 1 February 2012.</div>
<div class="column">
 Two recent NSW Civil and Administrative Tribunal Appeal Panel decisions have considered the definition of major defect and how to establish whether a defect meets this definition, providing useful guidance on this topic.</div>
<div class="column"> </div>
<div class="column">The definition of a major defect is substantially different from the old definition of a structural defect. A major defect is defined as a defect in a “major element” of a building. This involves defects to the following parts of the building that are defined as a major element:
<ul>
<li>a) An internal or external load bearing component of a building that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams); or</li>
</ul>
<ul>
<li>b) A fire safety system; or</li>
</ul>
<ul>
<li>c) Waterproofing; or</li>
</ul>
<ul>
<li>d) Any other element that is prescribed by the regulations as a major element of a building.</li>
</ul>
In addition to affecting a “major element” of the building, a “major defect” must have the following consequences (emphasis added):
<ul>
<li>a)  The inability to inhabit or use the building (or part of the building) for its intended purpose; or</li>
</ul>
<ul>
<li>b)  The destruction of the building or part of the building; or</li>
</ul>
<ul>
<li>c)  A threat of collapse of the building or part of the building.</li>
</ul>
A defect may also be a major defect if:
<div class="page" title="Page 2">
<div class="layoutArea">
<div class="column">
<ul>
<li>a) It is a defect of a kind that is prescribed by the regulations as a major defect; or</li>
</ul>
<ul>
<li>b) If it involves the use of a building product within the meaning of the Building Products (Safety) Act 2017) in contravention of that Act.</li>
</ul>
<div class="page" title="Page 3">
<div class="layoutArea">
<div class="column">
What defects are included in categories of major defects will depend upon the meaning of the words“destruction”, “the inability to inhabit or use the building”, or “threat of collapse”.
It is possible that the meaning of “major defect” will be considered to only include defects that have significant consequences. If so then the limitation period will be reduced to two years for some defects that previously would have had a six-year warranty because they will be regarded as non- major.
Whilst there is very little judicial consideration of the meaning of major defect by the Courts in NSW, the definition has been considered recently in two cases this year by the Appeal Panel of the NSW Civil and Administrative Tribunal in relation to the question of jurisdiction. In other words, if a defect is not a major defect and more than two years have passed since completion of the building, then the claim is out of time and the Tribunal does not have jurisdiction.
In Vella v Mir [2019] NSWCATAP 28 the Appeal Panel set out the sequence of analysis to decide whether a claim for a major defect was made within time as follows:
<ul>
<li>a)  when the statutory warranty period starts;</li>
</ul>
<ul>
<li>b)  whether s.18E(2) applies if the statutory warranty has already been enforced;</li>
</ul>
<ul>
<li>c)  whether each of the defects is a major element in a building;</li>
</ul>
<ul>
<li>d)  whether each of the defects in a major element is a major defect;</li>
</ul>
<ul>
<li>e)  whether the application has been made within time by reference to the statutory warranty period.</li>
</ul>
In Ashton v Stevenson [2019] NSWCATAP the Appeal Panel applied the decision of Vella and also found that the following must be established for a defect to be a major defect:
<ul>
<li>a)  The first step in the analysis is that the defect must be part of a “major element” of a building.</li>
</ul>
<ul>
<li>b)  Inclusion in the definition of major element does not mean that the defect will be a “major defect”.</li>
</ul>
<ul>
<li>c)  The extent to which a defect impacts on the habitability or the integrity of the building needs to be proved by the party alleging a major defect (referring to Panchal v Jones t/as Oz Style Homes [2018] NSWCATD 238).</li>
</ul>
<ul>
<li>d)  The consequences of the defect must be shown to have, or probably have, a proven consequence for the habitation, or use, of the building or to the integrity of the building.</li>
</ul>
<ul>
<li>e)  Section 18E(4)(a)(i) requires that there must be a proven, or probable, inability to inhabit, or use the building.</li>
</ul>
<ul>
<li>f)  Section 18E(4)(a)(ii) and (iii) are at the more serious end of consequences or impact on a building. The reference to destruction does not mean minor process of deterioration, but evidence of a real possibility of destruction, not merely incidental damage or superficial deterioration.</li>
</ul>
<ul>
<li>g)  These are matters for evidence as to the actual impact which must involve more than a speculative or pessimistic assessment of possibilities in order to prove that the defect will have, or probably have, the prescribed consequences.</li>
</ul>
<ul>
<li>h)  The evidence must establish that the consequences are imminent or probable.</li>
</ul>
<ul>
<li>i)  Whilst expert evidence may assist in this analysis, such evidence is not determinative of the issue and must rise above speculation and suggestions as to possibilities.</li>
</ul>
<ul>
<li>j)  Evidence from the occupants of users of the building (as opposed to expert evidence) would be necessary to establish the claim.</li>
</ul>
</div>
</div>
</div>
<div class="page" title="Page 4">
<div class="layoutArea">
<div class="column">
<div class="page" title="Page 4">
<div class="layoutArea">
<div class="column">
In summary, a 'major defect; will have to overcome the criteria that the defect renders a building (or part of it) uninhabitable or incapable of use, destroys the building (or part of it) or imposes a threat of collapse of the building (or part of it). These criteria all involve a significant degree of seriousness.
Additionally, establishing whether a defect is a major defect is not simply a matter for expert opinion and will require evidence from occupants of the building to establish the seriousness of the defect, particularly in relation to the ability to use the building or a part of it for its intended purpose.
Unless a defect can be proven to be a major defect, an owners corporation will be out of time to claim for some very significant and costly defects if proceedings are commenced outside of the 2- year limitation period for minor defects.
The owners corporation has a strict obligation to maintain and repair the common property pursuant to section 106 of the Strata Schemes Management Act 2015. This includes taking action to address all defects at the property for which the builder and the developer are responsible. Failure to do so may leave the owners corporation open to action by any interested person, such as a lot owner.
It is therefore important to take steps to review the building for defects after the first 12 months from the date of issue of an occupation certificate and obtain legal advice on pursuing the builder and developer well before the 2 year limitation period expiry.
Helen Amanatiadis is a strata lawyer from JS Muellers &amp; Co Lawyers 
 
 
 
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