Apartment buyers in New South Wales are set to gain a decade of insurance-backed protection against major building defects, after the NSW Parliament passed the Fair Trading and Building Legislation Amendment Bill 2026.&nbsp;

The Bill establishes decennial defect insurance, known in the market as Latent Defects Insurance (LDI), as an alternative to the existing two-year strata building bond. It cleared the Legislative Council with amendments on Tuesday evening (August 4, 2026), with the Legislative Assembly agreeing to those amendments shortly after.

Under the reform, eligible developers can satisfy their statutory bond obligation by taking out an approved decennial-style policy that gives owners 10 years of cover for major structural defects from completion, claimable directly, without first having to pursue developers or builders through costly legal action.&nbsp;

The change forms the final tranche of amendments arising from the 2021 statutory review of the Strata Schemes Management Act 2015 and related legislation.

Resilience Insurance, which originated the cover in Australia and has delivered it in NSW since 2022, welcomed the passage and credited the NSW Government for delivering it.

“This is protection apartment buyers have needed for a long time, and the credit for delivering it belongs to the NSW Government,”&nbsp;said Corey Nugent, CEO of Resilience Insurance.

“Minister Chanthivong and his team have shown real leadership in replacing an outdated two-year bond with cover that matches the lifespan of the buildings people are buying into. Reform like this is what good, evidence-based regulation looks like.”

Resilience has delivered LDI in NSW since 2022, protecting thousands of apartments, giving the State, and now the country, real-world evidence of how decade-long, no-fault protection works in practice.

The reform also places NSW within a wider national shift.

NSW is the third jurisdiction to put decennial cover into law. The ACT legislated for it in 2024, with the scheme taking effect in late 2025, and Victoria passed its own framework on 17 June. Between them, the three cover the majority of Australia's apartment market.

The reform commences once the legislation is proclaimed, which is expected in the coming weeks. From that point, developers of Class 2 residential apartment buildings can meet their statutory obligation with an approved decennial policy in place of the bond.

Buyers who purchased into projects that took out the cover early are among the first in the country to take keys to apartments carrying decade-long structural protection.

“With the legislation passed, the focus now turns to making it work for buyers,”&nbsp;Nugent said.

“There are already thousands of apartments in NSW covered by this insurance, bought by developers who moved early. The question every buyer should be asking in a display suite is a simple one: does this building come with 10-year defect cover, and who stands behind it?&nbsp;

“We look forward to working with the Government and the Building Commission in coming weeks as the framework moves to implementation, and to sharing what we have learned over the past four years so the protection reaches owners as smoothly and quickly as possible.”

Other states are working through their own reform programs. Western Australia has indicated that decennial cover is within consideration a later stage of its reform sequence, and Queensland has been examining the settings as it looks at the development pipeline ahead of the 2032 Olympics.

Resilience Insurance acknowledges the NSW Government’s continued focus on strengthening consumer protection while supporting housing delivery across the State.

Fast Facts: What the reform means

<ul style="color:#222222; font-family:Arial, Helvetica, sans-serif; font-size:small; font-style:normal; font-variant-ligatures:normal; font-weight:400; text-align:start; white-space:normal; background-color:#ffffff; text-decoration-thickness:initial; text-decoration-style:initial; text-decoration-color:initial">
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Proven at scale:&nbsp;Decennial cover has operated in NSW since 2022, protecting thousand of apartments.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">10 years of cover:&nbsp;Protection for major structural defects runs for a decade from completion, claimable directly and with no legal action required.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">An alternative to the bond:&nbsp;Eligible developers can meet their statutory obligation with an approved decennial-style policy in place of the 2% strata building bond.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Part of a national shift:&nbsp;The ACT has had decennial provisions in force since 2025 and Victoria passed its framework in June. NSW now joins them.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">No-fault, first resort:&nbsp;Owners corporations claim directly from the insurer without first having to establish who is liable for the defect.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Cost-competitive:&nbsp;At approximately 1.8% of build cost, LDI is typically priced below the 2% bond while offering broader, longer protection.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Market position:&nbsp;Resilience originated LDI in Australia and has delivered it in NSW since 2022.</li>
</ul>

Fast Facts: What is Resilience LDI?

<ul style="color:#222222; font-family:Arial, Helvetica, sans-serif; font-size:small; font-style:normal; font-variant-ligatures:normal; font-weight:400; text-align:start; white-space:normal; background-color:#ffffff; text-decoration-thickness:initial; text-decoration-style:initial; text-decoration-color:initial">
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Resilience Latent Defects Insurance (LDI):&nbsp;Covers major structural defects for 10 years from completion.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Consumer-first:&nbsp;Direct claim access, no need for lengthy legal action.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Cost advantage:&nbsp;At approximately 1.8% of build cost, LDI is typically priced below the traditional 2% Strata Bond while offering broader protection.</li>
	<li style="margin-left:15px; font-family:Aptos, Arial, Helvetica, sans-serif; font-size:12pt; color:#000000">Market leader:&nbsp;&nbsp;Resilience Insurance originated LDI in Australia and is the national market leader.</li>
</ul>

Joel Robinson

NSW parliament passes 10-year defect insurance laws for new apartment buyers

Builder-developer <a href="https://www.apartments.com.au/developers/mcnab-developments">McNab</a> has wasted little time reshaping one of South Brisbane's most significant undeveloped apartment sites after acquiring the property earlier this year.&nbsp;

McNab has lodged plans to scrap an existing approval for two 30-storey towers and instead deliver a single 28-storey residential building, preserving part of the site for a future development opportunity.

The proposal, lodged over <a href="https://www.apartments.com.au/new-apartments/64-peel-street-south-brisbane-qld-4101">64 Peel Street and 9 Cordelia Street</a>, is for a residential-led mixed-use development comprising 124 apartments above a landscaped podium, alongside a boundary realignment that preserves part of the land for a future residential project.

<img alt="First look: McNab resets decade-old South Brisbane approval with 124-apartment tower" data-entity-type="file" data-entity-uuid="743bf564-3f8f-45fc-b8d3-bbf18f5b628f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/mcnab%20Peel%20st%20podium.png?VersionId=EhCxGrVn_VFH3qTbKnI4WppGwaMnOn0t" />

Designed by <a href="https://www.apartments.com.au/architects/hayball">Hayball</a>, the development will deliver 119 two-bedroom and five three-bedroom apartments across 23 residential levels. A five-level podium will accommodate 135 car spaces, while the ground floor will include a 66 sqm commercial tenancy, an activated residential lobby with work-from-home spaces, and a publicly accessible landscaped plaza linking Cordelia and Peel streets.&nbsp;

Communal amenities will span Level 6 and the rooftop, including indoor and outdoor recreation spaces, a swimming pool, barbecue facilities, kitchen and dining areas, lawn space, sauna, steam room and yoga facilities.

The application also proposes a boundary realignment to create a standalone 1,290 sqm development lot while retaining an adjacent parcel for future redevelopment, allowing the balance of the site to contribute additional housing over time.

Hayball said the architecture has been shaped by the site's elevated corner position at the intersection of Peel and Cordelia streets and Brisbane's subtropical climate.

The design incorporates generous landscaped setbacks, a masonry podium wrapped with planting, large north-facing balconies, and a slender tower profile intended to maximise natural light, cross ventilation and long-range views. The rooftop has been conceived as a wellness-focused retreat overlooking Brisbane, with amenities positioned to capture views towards Mount Coot-tha and the CBD.

<img alt="First look: McNab resets decade-old South Brisbane approval with 124-apartment tower" data-entity-type="file" data-entity-uuid="c5f99e84-6ad8-4a87-82d1-869685b754d2" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/mcnab%20tower%20perspective.png?VersionId=Gw0IuJaSAlk.tvGBxInhZOcQAdIB..2b" />

The planning submission positions the proposal as a response to both changing market conditions and Brisbane's Kurilpa Sustainable Growth Precinct planning reforms.

McNab acquired the site after the previous approval was granted, with the existing scheme no longer reflecting current residential market demands, economic conditions, construction challenges, construction efficiencies or the quality of development outcome now being pursued, the planning report noted.

McNab continues to expand its residential development pipeline across Brisbane and the Gold Coast. The developer recently launched The Tannery in West End, securing more than 60 per cent of apartments before the project's public release. It is also delivering Elements Budds Beach in Surfers Paradise and Lucia Highgate Hill, an eight-apartment boutique development overlooking the Brisbane River.

McNab resets decade-old South Brisbane approval with 124-apartment tower

A steeply sloping Bellevue Hill site is set to accommodate a new mid-rise apartment development, with plans lodged for 20 homes that respond to the site's dramatic topography.

The proposal for the consolidated land at <a href="https://www.apartments.com.au/new-apartments/138a-140-bellevue-road-bellevue-hill-nsw-2023">138A-140 Bellevue Road</a> has been designed by Sydney architecture practice Common Office, which has used the site’s substantial fall to distribute the building’s scale and unlock 20 apartments without presenting the full height to the street.&nbsp;

“The unique design strategy leverages the site’s substantial topographical fall to facilitate increased density, presenting a seven-storey profile to Bellevue Road while rising to 10 storeys at the rear,” Common Office said in its architectural design report.

The apartment mix spans one, two, three- and four-bedroom residences. Four two-bedroom apartments are designated as affordable housing, while the plans also include two adaptable dwellings. The mix is majority three-beds, with the typical three-bed apartment offering around 144 sqm internally, with balconies of around 15 sqm.

The affordable housing component represents 15 per cent of the residential floor area and allows the project to access additional height and floor space under the NSW Government’s in-fill affordable housing provisions. The site also falls within the inner area of the Low and Mid-Rise Housing Policy because it is within 400 metres walking distance of Double Bay Town Centre.

<img alt="First Look: Plans lodged for topography-led affordable housing project in Bellevue Hill" data-entity-type="file" data-entity-uuid="b1230d0f-3bfa-4a11-abaf-0928c66ef345" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Bellevue%20da.png?VersionId=dZeMK3P.OutGjN8ycjsxm8uNsj_QFWQv" />

Common Office has arranged the building around a masonry podium and a lighter upper volume, drawing on two recurring elements of Bellevue Hill’s established architecture: sandstone bases and the vertical proportions of local Inter-war Art Deco apartment buildings.

“The proposal is governed by a holistic design language that reconciles the solid horizontal masonry of the neighbourhood’s podiums with the elegant verticality of its Art Deco heritage,” the architect said.

“The building maintains a consistent rhythmic logic utilising deep recesses and a sophisticated material transition to break down the 10-storey scale into a series of articulated, human-scale volumes.”

<img alt="First Look: Plans lodged for topography-led affordable housing project in Bellevue Hill" data-entity-type="file" data-entity-uuid="0147f503-1af1-4d51-97fb-c2f1cba63a9d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Bellevue%20bldg.png?VersionId=GoW7q3NlK67OpnePXhk7zvklrlKb72Qc" />

Large-format sandstone tiles will define the lower levels, establishing a robust base that negotiates the change in elevation from Bellevue Road. Above, red-tinted precast concrete frames, recessed balconies, anodised aluminium screens and expanded metal details will create a more vertically expressed façade. Integrated planter beds will introduce greenery across balcony edges and recessed sections of the building.

The elongated northern façade has been divided into three recessed vertical masses to reduce its perceived length. Triangular window elements and metal privacy screens reference the geometry of nearby Art Deco buildings while controlling overlooking toward surrounding homes. The southern elevation will incorporate further privacy screening, landscaped edges and deep balconies to maintain light and ventilation.

<img alt="First Look: Plans lodged for topography-led affordable housing project in Bellevue Hill" data-entity-type="file" data-entity-uuid="e8679cf1-18bc-4447-8a0f-0052b94ab83c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Bellevue%20da%20rooftop.png?VersionId=5SQqQqRFf76rvE2p1TbxJSweMN70AIbc" />

Private and communal landscaping is distributed throughout the development. A landscaped garden apartment is positioned within the lower portion of the site, while a communal terrace on Level 5 will include a central timber deck, barbecue facilities, resident planting plots and areas for outdoor dining and informal gatherings.

Common Office described the terrace as an elevated sanctuary designed to capture district views and sunlight. Its planting strategy incorporates endemic species associated with the Eastern Suburbs Banksia Scrub, extending the landscape vertically through the building and providing habitat for local flora and fauna.

A second communal outdoor area is proposed at roof level, with built-in seating, paved gathering areas and perimeter planting.

Bellevue Hill is enjoying renewed momentum in the new apartment market, with several boutique developments recently launched and currently under construction. Positive Investment Enterprise is delivering the 16-apartment Kew Palm House on Birriga Road, while Chanine Developments is also under construction at Florian, a 36-apartment project on Banksia Road.

&nbsp;

Bellevue Hill is enjoying renewed momentum in the new apartment market, with several boutique developments recently launched and currently under construction.

First Look: Apartment development pitched for Bellevue Hill, Double Bay fringe

South Brisbane's apartment pipeline continues to build momentum, with <a href="https://www.apartments.com.au/developers/trk-property-group">TRK Property Group</a> lodging plans for a 161-apartment tower on Montague Road as developers accelerate investment across the Kurilpa Sustainable Growth Precinct.

The proposal for 176–186 Montague Road would replace an existing office building with a 20-storey residential tower designed by <a href="https://www.apartments.com.au/architects/cox-architecture">COX Architecture</a>, adding to a growing pipeline of high-density projects reshaping one of Brisbane's fastest-evolving inner-city precincts.

The project has been conceived as a "living building", featuring a flowing tower form, extensive vertical landscaping, and generous communal spaces that respond to the evolving Kurilpa Sustainable Growth Precinct.

TRK Property Group Development Director Matt Kan said the project reflected the confidence developers have in South Brisbane's long-term future.

"South Brisbane is entering an incredibly exciting period, and we see Montague Road sitting right at the heart of that evolution," Kan said.

"With the former Visy site directly opposite us and significant investment planned throughout the broader Kurilpa precinct, there is a real sense of momentum around this part of the city and what it will become over the coming years.

"For TRK, this is an opportunity to be part of that next chapter and deliver a project that responds to where the precinct is heading, while contributing to the continued evolution of Brisbane's river edge."

<img alt="First look: TRK Property joins South Brisbane apartment surge with Montague Road tower plans" data-entity-type="file" data-entity-uuid="590fe1ad-f892-4446-a679-80e33a16d029" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/TRK%20tower%20facade.png?VersionId=uOJStrcKpyHFcPE1w6_9SMAFzVMCcZll" />

The scheme includes a mix of one, two, three and four-bedroom apartments, incorporating multi-purpose rooms in selected residences to provide additional flexibility for home offices or expanded living areas. The proposed mix comprises 15 one-bedroom, 13 one-bedroom plus MPR, 73 two-bedroom, 26 two-bedroom plus MPR, 30 three-bedroom, and four four-bedroom apartments.

Rather than adopting a conventional rectilinear tower, COX Architecture has developed a sculpted form inspired by the movement of the Brisbane River.

"The proposal has been designed by COX Architecture as a 'living building' that responds to the site's riverine setting, floodplain history and evolving urban context within the Kurilpa Sustainable Growth Precinct," the planning report states.

"The architectural form draws from the fluid nature of the Brisbane River, with a curved and undulating tower form that creates a varied architectural edge and avoids a conventional rectilinear tower expression."

The podium has also been designed as an architectural feature rather than a conventional parking structure, with cascading planting, screening and natural-toned materials softening its appearance. Resident parking is elevated above ground level to address the site's flood constraints, while habitable apartments sit above flood planning levels. Upper-level communal facilities are designed to accommodate shelter-in-place arrangements during major flood events.

<img alt="First look: TRK Property joins South Brisbane apartment surge with Montague Road tower plans" data-entity-type="file" data-entity-uuid="01fa15d0-90df-46c7-9555-7941fc45373c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/TRK%20podium.png?VersionId=mHyua.w1pHGBt9qEdWzrlsv.leztUCwO" />

Communal amenity is a major focus of the proposal. Around 1,815 sqm of shared resident space is proposed across the ground floor, level 19 and the rooftop, including co-working areas, indoor and outdoor recreation spaces, wellness facilities, dining and gathering areas, lawn spaces, a rooftop pool and spa, and extensive landscaping. At street level, a landscaped forecourt and approximately 345 sqm of publicly accessible open space along Montague Road are intended to improve the pedestrian experience while activating the building's frontage.

The development will provide 163 car spaces, including 152 resident bays and 11 visitor spaces, together with 144 bicycle spaces incorporating resident storage, visitor parking, bicycle maintenance facilities and e-mobility charging infrastructure.

The site sits within one of Brisbane's fastest-changing inner-city precincts, less than two kilometres from the CBD and within easy reach of South Bank, West End, the Queensland Cultural Centre and extensive public transport connections. The Kurilpa Sustainable Growth Precinct planning framework is encouraging higher-density residential development to help meet Brisbane's housing supply targets while supporting walkable, transit-oriented neighbourhoods.

TRK Property joins South Brisbane apartment surge with Montague Road tower plans

Article summary

<ul data-end="785" data-start="311">
	<li data-end="459" data-section-id="5hbcyr" data-start="311">Pikos Group has released the five-penthouse collection at Skye Kangaroo Point, headlined by a two-storey sky home spanning more than 1,000 sqm.</li>
	<li data-end="561" data-section-id="1p7lq8n" data-start="460">Early buyer interest suggests the residences could set a new Queensland apartment price record.</li>
	<li data-end="667" data-section-id="1y70z0l" data-start="562">The collection includes four move-in ready penthouses and the highly customised Skye One residence.</li>
	<li data-end="785" data-section-id="yvm0y1" data-start="668">The release caps one of Bri​sbane's most ambitious luxury apartment developments overlooking the Brisbane River.</li>
</ul>

<hr data-end="790" data-start="787" />
Pikos Group has released the five-penthouse collection at its <a href="https://www.apartments.com.au/buildings/skye-residences-by-pikos-kangaroo-point-8-river-terrace-kangaroo-point-qld-4169">Skye by Pikos</a> development in Kangaroo Point, with early buyer interest indicating the flagship residences could eclipse every apartment sale previously recorded in Queensland.

The collection crowns the luxury riverfront development with five residences, including four completed penthouses and Skye One, a two-level sky home spanning more than 1,000 sqm that will be tailored to its eventual owner.

[smartcode_project:default project_id=90059 project_image_fid=374075]

Wanting to offer a fully customisable home, Pikos is offering Skye One as a blank canvas, allowing the buyer to work alongside the developer's design team to customise the home's layout, finishes and internal spaces.

The residence will feature a 247 sqm private rooftop terrace with its own swimming pool, sauna, steam room, outdoor kitchen and multiple entertaining areas overlooking the Brisbane River and CBD skyline.

The remaining four penthouses have been completed and are ready for immediate occupation, each offering four bedrooms, expansive open-plan living areas, soaring ceilings and private lift access.

[smartcode_project:default project_id=90059 project_image_fid=374059]

One of the defining features throughout the project is its use of Roman Classic Travertine, with more than 20,000 sqm of the natural stone imported from Italy after being personally selected by Pikos Group Founder and Executive Director Pedro Pikos, interior designer Julie Williamson and third-generation stone specialist Mario Caucci.

Pikos said the penthouse collection represented the culmination of the company's long-term vision for Skye.

"True legacy isn't measured by what we build today, but by what endures tomorrow," Pikos said.

"Our ambition is to create places that become more valuable with time, enrich the lives of generations, and stand as timeless landmarks long after we've stepped away."

[smartcode_project:default project_id=90059 project_image_fid=374060]

Williamson said the interiors were inspired by the natural character of Kangaroo Point and the Brisbane River rather than international design trends.

"Materiality tells the story of a place," Williamson said.

"We looked to the movement of the Brisbane River, the texture of the cliff face and the warmth of the surrounding landscape to create interiors that feel understated, enduring and unmistakably Brisbane."

Positioned above the Kangaroo Point cliffs, Skye places residents within walking distance of Howard Smith Wharves, South Bank and James Street while offering uninterrupted river and city views.

[smartcode_project_cta:default project_id=90059]

Brisbane's next apartment price record? Pikos unveils Skye's exclusive penthouse collection

Ipart

<html><body><div class="x_WordSection1">
EXPERT OBSERVER
Urban Taskforce Chief Executive, Tom Forrest, today expressed concern that new home approvals data shows approvals in Greater Sydney have dropped to 16,087 for the 6 months up to and including May 2020 - the lowest half yearly number since May 2013.
Mr Forrest said the Urban Taskforce is on record welcoming the NSW Government’s Planning System Acceleration Program which has seen a number of approvals for large projects come through over the last two months. However, the fact is that approvals were already down to 16,338 for the 6 months leading up to and including November 2019, well before COVID-19 was a factor.
“Part of this drop off in housing approvals is no-doubt due to the close down period associated with COVID-19. But there has been a clear downward trend in new dwelling approvals in Greater Sydney since its peak in November 2016 when 31,000 new dwellings were approved in the six months prior to that date. The figures released by DPIE yesterday show a 48% drop in the 6 month approval data since the peak in November 2016.
“The property and construction industry is a big employer in NSW. Keeping the approvals flowing through the system is critical to employment in NSW and to meeting the demand for housing.
“Approvals today are a clear indicator of work in progress in 12 months’ time. The Department of Planning is pushing strongly for a pro-jobs culture, evidenced by the recent planning reforms and announcement of a new Planning Delivery Unit"
“But culture change is desperately needed at council officer level. Council planning staff need to work with proponents to deliver projects which provide housing, industrial and commercial employment, retail centres as well as open space and public amenity. The key here is working together with businesses to produce financially feasible solutions”, Mr Forrest said.
To quote two great philosophers:
Voltaire (1770) “The best is the enemy of the good.” Confucius (circa 500 BC) "Better a diamond with a flaw than a pebble without."
Mr Forrest said the NSW planning system had slowed down in the context of the 2019 election and a focus on strategic planning. Now is the time to hit the “go” button on approvals. In the current economic context, the planning system needs to grant at least double the number of approvals to half the number of new dwelling completions.
The NSW Government’s draft Housing Policy says that 50,000 new homes will need to be completed in Greater Sydney each and every year till 2040 to meet forecast demand for housing. That means we need 50,000 new dwelling approvals every six months. The DPIE’s most recent data shows that the last 6 months delivered a mere 16,000 new dwelling approvals, as did the 6 months prior to that (well before COVID-19).
“Fast-tracking is good and it has driven a new ‘can-do’ attitude in DPIE, but the entire planning system needs to work together to deliver for the NSW people and the economy”, Mr Forrest said.
TOM FORREST is the Urban Taskforce CEO
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j.ballantyne1990-6AQqhLzZaK

NSW planning approvals drop off: Tom Forrest

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<div class="x_WordSection1">
EXPERT OBSERVER
Urban Taskforce CEO, Tom Forrest, today welcomed the NSW Government response to the Independent Pricing and Regulatory Tribunal (IPART) Review of the Local Government Rating System. 
The Government has, somewhat belatedly, decided to reject IPART’s core recommendation that the base for setting rates should be changed from the unimproved value of land to the Capital Improved Value of land.
</div>
<div class="x_WordSection2">
“The tax system should not punish those willing to invest in construction and improvement.  It is the land that is the most valuable component of a property and the tax system should encourage investment which best utilises that land. Mr Forrest said:
“The last thing we need during the COVID-19 recession is a disincentive for investment in property and employment.
“IPART’s recommendation for change would have resulted in a manifest disincentive for and owners to invest in the improvement of their property. IPART completed its Review in December 2016.  The Government response has been a long time coming – but on this occasion, it was worth waiting for”, Mr Forrest said.
Mr Forrest said he was disappointed that more had not been done to scrap rate pegging.  The rate pegging system means that Councils with growing populations have been strapped for cash and have progressively pushed more and more costs onto developers and new home buyers.  
“These additional costs are passed onto new home buyers – often those young people who can least afford the extra costs.  The current system works to actively discourage Councils from agreeing to increasing urban density, even around major infrastructure upgrades”, Mr Forrest said.
Mr Forrest said that the Minister for Local Government, Hon Shelly Hancock MLA, has announced some changes to allow Councils to increase their rates as the population grows and this is very welcome.  
The rate pegging system has actually worked to limit growth.  Many Councils have complained that the onerous burden of applying to IPART for special variations was just not worth the hassle.  Urban Taskforce has called on the Government to scrap rate pegging and completely review the role of IPART. Urban Taskforce supports the role of the NSW Productivity Commissioner, Peter Achterstraat, who is now reviewing all aspects of state and local infrastructure levies, taxes and fees.  
“We urge the Government to revisit the issue of Council rates and consider removing or relaxing the pegs on rates in the course of the Productivity Commissioner’s review,” Mr Forrest said.
</div>
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NSW Government rejects IPART recommendation to change the Council rating system: Tom Forrest

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The Independent Pricing and Regulatory Tribunal (IPART) is reviewing the fees associated with electronic conveyancing (eConveyancing) for the first time.
Around 85% of property transactions in NSW will be required to use eConveyancing from 1 July 2019.
Transactions such as transfers, mortgages and caveats will have to be lodged electronically.
eConveyancing is designed to be a more efficient and accurate way of conducting the settlement and lodgment stages of a conveyancing transaction.
IPART Chair, Dr Paul Paterson, said IPART’s review is focused on the fees charged by and to the electronic lodgment network operators (ELNOs). 
ELNOs operate electronic workspaces allowing lawyers, conveyancers and financial institutions to exchange data and collaborate to prepare conveyancing documents, settle funds, pay duties and lodge documents with the land registry online instead of on paper.  
“Essentially, eConveyancing allows parties to complete conveyancing transactions (like a sale of land) and disburse settlement funds electronically,” Paterson said.  
“The electronic lodgment network also allows other documents that are not necessarily part of a sale, such as caveats, to be lodged electronically.”
Currently there is only one ELNO in NSW, PEXA.  Another ELNO, Sympli, is expected to commence operations in NSW during 2019, with the prospect of more entering the market soon.
A paper released by IPART today seeks feedback on a range of issues to be considered as part of the review. These include: 
<ul>
<li>The state of the eConveyancing market, including possible barriers to entry such as the lack of arrangements for different ELNOs to participate in a transaction</li>
<li>The maximum fees that ELNOs charge lawyers, conveyancers and financial institutions to use the electronic lodgment network </li>
<li>The maximum fees that the NSW Land Registry Services charges ELNOs </li>
<li>The maximum fees that Revenue NSW can charge ELNOs in the future. </li>
</ul>
“We are also looking at the costs that will be incurred to connect multiple ELNOs when more enter the market, and how these costs should best be recovered to drive efficient outcomes and avoid excessive charges,” Paterson said. 
Submissions on the Issues Paper will be received until 30 April and considered by IPART before a draft report is released by July.
Recommendations on the final prices will be provided to the NSW Government by October 2019.
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IPART to review electronic conveyancing fees for the first time

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Premier Gladys Berejiklian has announced Dr Paul Paterson as the new Chair of the Independent Pricing and Regulatory Tribunal (IPART).
The telecommunications and media consultant Dr Paul Paterson has recently been chief economist at the Department of Communications.
He has held senior roles in the private sector as a strategic advisor on telecommunications since 2004, following six years with Telstra during the transition to a competitive telecommunications market.
He managed Telstra’s role in the process of opening up the public telephone network to competition.
In the 1990s, Paterson worked for the NSW government, first as chief economist in the Premier’s Department during the Fahey government and later as executive director of policy and resources in the Department of State and Regional Development.
He has also worked as chief economist and as director of strategy for OTC Limited.
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The Premier thanked outgoing Chair Dr Peter Boxall for his significant contributions in the role over the last seven years.
“I am pleased to welcome Dr Paterson to the role and have no doubt he will continue to protect the interests of consumers and taxpayers of NSW,” Ms Berejiklian said.
The IPART secretariat has around 130 professional staff for its price setting, quality monitoring and licence compliance roles for energy, water and transport utilities in NSW. It also conducts independent inquiries on economic and regulatory matters for the NSW Government.
Dr Paterson was previously appointed an IPART Tribunal member in 2013, before taking up his senior role in the Commonwealth Government.
He has 30 years’ of experience as a senior industry economist and has held senior roles in several Commonwealth and State government policy, research and regulatory bodies, including:
<ul>
<li>Adjunct Professor, University of Technology Sydney Business School</li>
<li>Head, Commonwealth Bureau of Communications Research &amp; Chief Economist Department of Communications</li>
<li>Director Regulation, Telstra</li>
<li>Executive Director, NSW Office of Economic Development</li>
<li>Visiting Economist, Commonwealth Treasury, and</li>
<li>Assistant Secretary, Policy and Analysis, Commonwealth Bureau of Labour Market Research.</li>
</ul>
His first job in 1977 was at the Bureau of Agricultural Economics. In the mid-1980s he was with the Paris based Organisation for Economic Cooperation and Development.
Dr Paterson will begin his appointment as Chair from 11 February 2019. 
He will join existing Tribunal members Mr Ed Willett and Ms Deborah Cope for a five-year term. 
In 2016 IPART undertook a review at the request of the NSW Government on the local government rating system.
The purpose of our review is to develop recommendations to improve the equity and efficiency of the rating system, in order to enhance councils’ ability to implement sustainable fiscal policies over the long term. 
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Paul Paterson to chair the NSW Independent Pricing and Regulatory Tribunal 

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The Independent Pricing and Regulatory Tribunal (IPART) is seeking feedback on the proposed prices that Sydney Water and Hunter Water can charge for wholesale water and sewerage services from 1 March 2017 to 30 June 2021.
These services are purchased by wholesale customers who provide water and/or sewerage services to end-use (or ‘retail’) customers such as households and businesses.
Wholesale customers are typically new, smaller water utilities licensed under the Water Industry Competition Act 2006 (NSW) to service a specific development area.
The emergence of these smaller water utilities has created competition for end-use customers.
The prices that Sydney Water and Hunter Water can charge their retail customers for water and sewerage services for the period 1 July 2016 to 30 June 2020 have already been set by IPART through separate reviews.
IPART Chair, Dr Peter Boxall, said this is the first time that IPART has reviewed and set wholesale water and sewerage prices.
“Competition is important in encouraging greater efficiency in the supply of water and sewerage services. As competition develops over time, this will deliver benefits to customers,” Dr Boxall said.
“The draft decision is to set system-wide prices to reduce the need for potentially costly scheme-specific reviews, while also allowing parties to seek scheme-specific price reviews from IPART or enter unregulated agreements.”
These system-wide prices would apply to new wholesale arrangements, while the opportunity to seek a scheme-specific price review from IPART or agree to an unregulated agreement would be open to all wholesale arrangements – existing and new.
“The draft decisions are designed to encourage efficient entry and competition in the market, given its early stage of development,” Dr Boxall said. “We are interested in hearing industry and stakeholder views about the proposed approach and prices.”
Stakeholder submissions on the draft decisions are due by 7 December 2016. Copies of the report and accompanying determination are available on <a href="https://www.ipart.nsw.gov.au" target="_blank">IPART’s website</a>.
A public hearing will be held on 28 November 2016 at the Wesley Conference Centre in Sydney’s CBD.
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