<a href="https://www.apartments.com.au/developments/collingwood-vic-3066">Collingwood</a>’s northern edge continues to sharpen its reputation as one of Melbourne’s most compelling cultural precincts, where established creative institutions, leading hospitality, and independent fashion converge within a tightly held inner-city neighbourhood.

Set within this evolving pocket, <a href="https://www.apartments.com.au/new-apartments/derby-street-by-milieu-collingwood-4-derby-street-collingwood-vic-3066">Derby Street by Milieu</a> draws on a location that balances proximity to some of the inner north’s most influential destinations with the quieter, tree-lined character that defines the streets edging East Melbourne. Positioned just moments from both Smith and Gertrude Streets, the address sits on the periphery of Collingwood’s cultural core, offering immediate access without the intensity of its busiest frontages.&nbsp;

[smartcode_project:default project_id=145576 project_image_fid=355945]

Gertrude Street, in particular, anchors the area’s identity as a destination for Melbourne’s leading food, art and fashion. Within a short walk, venues such as Marion, Cutler &amp; Co, IDES and the Builders Arms Hotel define a tightly curated dining scene with enduring citywide appeal, complemented by a strong fashion and retail presence including Havn, Le Labo and a selection of independent boutiques.

Nearby, institutions such as the Australian Print Workshop and Collingwood Yards sustain a constant rhythm of exhibitions, performances and creative output, embedding art and culture into the everyday fabric of the neighbourhood.

Smith Street, running parallel, extends this offering with a broader mix of hospitality and nightlife, maintaining its status as one of Melbourne’s most active inner-urban strips.

Beyond these high-energy streets, the immediate surrounds shift in tone. Derby Street and its neighbouring blocks are defined by low-rise heritage terraces, mature trees and a settled residential character. Fitzroy Gardens and Carlton Gardens are both within walking distance, alongside the Royal Exhibition Building and Melbourne Museum, bringing together green space and cultural landmarks within minutes of home.

[smartcode_project:default project_id=145576 project_image_fid=355985]

Connectivity remains a key advantage. The CBD sits within easy reach, accessible by tram along Smith Street in around 20 minutes, while also remaining close enough to walk or cycle, supported by the inner north’s established bike network.&nbsp;

<a href="https://www.apartments.com.au/developers/milieu-property">Milieu</a>’s long-standing connection to Collingwood underpins the project’s approach. With a portfolio that includes multiple nearby developments across Bedford, Peel and Napier Streets, the developer brings a sustained understanding of the area’s character and evolution. Derby Street continues this trajectory as a collaboration with award-winning Melbourne-based <a href="https://www.apartments.com.au/architects/studio-bright">Studio Bright</a>, marking the practice’s first multi-residential project in the inner north and reflecting a shared focus on design integrity and contextual response.&nbsp;

Balancing connection to the neighbourhood with a sense of seclusion and refuge, Derby Street by Milieu embodies a level of care and craft typically reserved for single residential projects. Comprising 22 residences across six storeys, with two to four-bedroom configurations priced from $1.15 million, the project is currently under construction with completion expected in late 2027.&nbsp;

[smartcode_project_cta:default project_id=145576]

Joel Robinson

Derby Street by Milieu, at the top end of Collingwood

A rare new apartment development in the Blue Mountains is the latest in a string of State Significant Development Applications submitted through the New South Wales Government's Housing Delivery Authority.

A total of 270 apartments are being proposed for the 1.16-hectare site at <a href="https://www.apartments.com.au/new-apartments/blue-mountains-alpine-retreat-142-150-narrow-neck-road-katoomba-nsw-2780">142–150 Narrow Neck Road in Katoomba</a>, a parcel of land adjoining the former Katoomba Golf Course. The site was acquired for $3.85 million in 2021 by private developer VDM Prime.

The apartments, comprising a mix of serviced apartments, affordable housing, and traditional build-to-sell product, will be spread across eight low-rise buildings, along with a separate building for a new restaurant, arranged around a green spine that leads to a central park.

<img alt="Katoomba" data-entity-type="file" data-entity-uuid="ee9a2072-f465-44f1-9076-80c9c8ecca02" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-22%20at%209.20.21%E2%80%AFAM.png?VersionId=4bT0vQ7j_syl65wcrJmHGm3m5pTvwrY_" />

The Urban Design Report by Atlas Urban says the vision is to create a "contemporary mountain precinct that is responsive to its escarpment landscape, heritage character, and community context."

"The development responds to the current housing supply and affordability challenges identified under the NSW Housing Delivery Authority (HDA), providing a balanced mix of standard, affordable, and short-stay accommodation," the report noted.

"By introducing a variety of dwelling types and tenures, the proposal supports intergenerational living, local workforce retention, and greater housing choice within an area constrained by topography, heritage, and environmental protections."

Of the 270 units proposed, 52 will be serviced apartments. The remainder will comprise 54 studios, 121 one-bedroom units, 39 two-bedroom apartments, and four three- to four-bedroom residences.

<img alt="Katoomba" data-entity-type="file" data-entity-uuid="f704508d-1bdf-4170-955d-0256652402a7" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-22%20at%209.56.49%E2%80%AFAM.png?VersionId=TzarHMO4gTOsblCqsbJQkvMqWj9nu2Au" />

The Design Report, by VDM Prime and appointed architect Antoniades Architects, noted that the design seeks to "provide a built form outcome that is highly considered, respectful and contextually fitting, whilst contributing positively to an evolving precinct."

"The site offers three frontages and the opportunity to provide a meaningful interface with the public domain environment. the design has a sympathetic response to streetscape and the green open space that surrounds the site."

The report states that the buildings are broken up to establish an appropriate bulk and scale, emphasised through height and setback strategies and defined through articulation that supports the transition of precinct granularity. It also notes that a central communal open space is established through the site to enhance the social dynamic and access to amenity, including natural ventilation and light to the apartments. The east and west frontages receive solar access during the morning and afternoon, whilst maximising views to the green open space.

The site adjoins the recently completed Yarrabee Katoomba development, comprising 24 duplexes that were completed last year and sold through McGrath Projects.

The relatively new Housing Delivery Authority pathway established by the NSW Government allows developers to submit State Significant Development Applications through a fast-tracked state process, effectively reducing reliance on local council approval pathways and aiming to accelerate housing delivery across New South Wales.

First look: Nearly 300 apartments pitched on former Katoomba golf course site

In Melbourne’s established inner east, the qualities that define a traditional house, width, height, and access to open ground, are increasingly difficult to replicate in new residential developments. Larger landholdings are scarce, and with them, the ability to create apartments that extend beyond compact, internalised layouts.&nbsp;

In <a href="https://www.apartments.com.au/developments/kew-vic-3101">Kew</a>, where the residential fabric is shaped by generous setbacks and mature tree canopies, that tension is especially visible.

<a href="https://www.apartments.com.au/developers/ricdanic-investments-pty-ltd">Ricdanic</a>&nbsp;is bringing forward a boutique collection of just 13 residences across two buildings at 9–11 Wimba Avenue, Kew. Comprising six homes at No.9 and seven at No.11, the project sits on a quiet, tree-lined street just off Cotham Road.&nbsp;

Each apartment has been planned with a level of independence more commonly associated with standalone dwellings, balancing privacy with the efficiencies of apartment living.

Architect Chris Idle, who has been practising for over two decades, says projects like this don’t come along often.

“There are very few opportunities to do these kinds of developments in leafy, established suburbs,” he explains. “To get this level of amenity, natural light, and architectural freedom in such a setting is extremely rare.”

[smartcode_project:default project_id=140755 project_image_fid=366267]

The internal planning begins with width. Living areas extend beyond five metres, allowing furniture, circulation, and glazing to sit comfortably within the same zone without compression. Ceiling heights shift from three metres through to five metres in select areas, changing the sense of scale as you move through the apartment. These proportions are paired with double-glazed windows and fully electric systems, balancing volume with performance, supported by a 7.2 NatHERS energy rating.&nbsp;

From the main living space, the apartments open directly outward. Large sliding doors connect to private gardens averaging 125 square metres, with some residences also incorporating balconies of around 60 square metres. Rather than acting as secondary outdoor zones, these areas sit flush with the internal floor level, extending the usable footprint of the home and allowing for multiple modes of use, whether for quiet daily routines or larger gatherings.&nbsp;

The landscape, led by <a href="https://www.apartments.com.au/landscape-architect/john-patrick-landscape-architects">John Patrick</a>, reinforces this relationship. Across the site, 23 different plant species have been introduced, including a mix of native and established varieties, arranged to maintain privacy while preserving sightlines and light access. Gardens are not treated as decorative buffers but as functional extensions of the apartments, shaped to accommodate movement, seating, and informal use over time.&nbsp;

[smartcode_project:default project_id=140755 project_image_fid=366265]

Architecturally, the project draws from Kew’s historic residential language. Handmade bricks by Krause define the exterior, grounding the buildings within the material palette of the suburb, while interior finishes, stone, timber flooring, and restrained detailing, continue this approach internally. Architect Chris Idle describes the intent as long-term rather than stylistic: “We wanted it to feel timeless.”&nbsp;

This emphasis on durability extends to how the buildings are accessed and secured. Entry is managed through keyless systems, with a double-gated basement incorporating number plate recognition for vehicle access. Each residence is paired with a private lock-up garage accommodating two to three cars, alongside storage, while all entry points are monitored continuously. These measures sit alongside EV readiness and fully electric infrastructure, aligning the project’s operational systems with its long-term design outlook.&nbsp;

The setting remains central to how the development is experienced. Located within walking distance of Kew Junction and close to established schools including Carey Grammar and Xavier College, the address benefits from existing infrastructure while maintaining a residential quietness that is increasingly difficult to find at this scale.&nbsp;

Construction is being delivered by <a href="https://www.apartments.com.au/builders/sinjen">Sinjen</a>, with a 10-year structural guarantee, with completion targeted for mid-2027.

[smartcode_project_cta:default project_id=140755]

Inside Wimba Ave, Kew’s garden-scale residences designed for space and permanence

High-end Sydney developer&nbsp;<a href="https://www.apartments.com.au/developers/abadeen-group">Abadeen</a> has secured approval for one of its latest Mosman projects, one of the first developments approved by Mosman Council under the NSW Government’s Low and Mid-Rise Housing Policy.

The approval represents an important step in delivering well-considered housing next to established village locations on Sydney’s Lower North Shore, in line with the intent of the Low and Mid-Rise zoning framework. 
&nbsp; 
There are currently 13 other sites lodged within Mosman Council under the policy, with <a href="https://www.apartments.com.au/new-apartments/27-29-heydon-street-mosman-nsw-2088">Heydon Street</a> among the first to receive development consent. 
&nbsp; 
Abadeen Founder and Executive Chairman Justin Brown said the project reflects a considered and appropriate response to its planning context. 
&nbsp; 
“This approval demonstrates how carefully considered, design-led development can align with the objectives of the Low and Mid-Rise Housing Policy," Brown said.

"The scheme has been designed to respond sensitively to its village setting, with a built form, scale and level of amenity appropriate to its local context. The determination reflects a balanced and considered planning outcome, with Council recognising the capacity for this site to accommodate additional housing within a well-located and established precinct.”

<img alt="Abadeen secures first approval under low and mid-rise housing policy for Heydon Street, Mosman" data-entity-type="file" data-entity-uuid="92811ce3-02e8-44fc-996e-c61ae039bd3e" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Heydon%20Street%20Aerial.jpg?VersionId=ZHJVuWQT64QcdrFJx963pFWFzTX7lI2I" />

The Heydon Street approval followed extensive consultation with Mosman Council, with Abadeen working closely with Council throughout the assessment process.

The approved scheme comprises 27 residences, with only four per floor, creating a low-density living environment. The building will include four half-floor penthouses designed to capture views across Middle Harbour, Sydney Harbour and the surrounding district.&nbsp;

The project is expected to appeal to downsizers and owner-occupiers seeking house-like proportions, privacy and local convenience. There will be north-facing Middle Harbour views from the second level upward. It is also just a flat 100-metre walk to Bridgepoint Shopping Centre, which will appeal to owner-occupiers and in particular downsizers.

Two-bedroom residences are expected to be priced from $1.99 million when sales launch later this year. 
&nbsp; 
Joe Tack, CEO at Abadeen, said the outcome reflects both the quality of the site and the broader need for well-located housing. 
&nbsp; 
“This is a highly considered site within a highly established local setting, offering elevated views and strong connectivity. The project has been designed to respond to that context, delivering a scale and quality of housing aligned with both the planning framework and evolving market demand.” 
&nbsp; 
“This approval is particularly significant in the context of Mosman, where new housing supply has historically been limited. While it represents the first approval of this scale in Mosman to be achieved in over 50 years, it is importantly located within a well-established residential location, in close proximity to the established commercial amenity of Spit Road and Mosman Village. It reflects strong confidence in Abadeen’s approach to design, delivery and community integration, while contributing to the delivery of much-needed housing in a highly constrained market.”

Abadeen has an established track record across Sydney’s Lower North Shore, with recent completions including KOYO in Crows Nest and ENSO in Neutral Bay.

In Mosman, Abadeen recently completed The Hampden, with Mosman Residences on the corner of Spit Road and Clifford Street scheduled for completion later this year. Construction has also commenced at Burran Residences, comprising three full-floor ultra-premium homes positioned just 50 metres from Balmoral Beach, with residences expected to achieve prices in excess of $20 million. Two further projects are also progressing through planning within the local government area.

Abadeen secures first approval under low and mid-rise housing policy for Heydon Street, Mosman apartment development

Apartment developer <a href="https://www.apartments.com.au/developers/martello">Martello™</a> is one of the latest entrants to the Gold Coast development market, with its debut project set to be one of the most boutique offerings on Chevron Island in recent years.

Martello has unveiled <a href="https://www.apartments.com.au/new-apartments/aere-chevron-island-18-20-mawarra-street-chevron-island-qld-4217">Aere Chevron Island</a>, a collection of 33 large-scale two-, three-, and four-bedroom apartments across an 18-storey building on Mawarra Street.

[smartcode_project:default project_id=143932 project_image_fid=367517]

The developer has placed a strong emphasis on wellness, briefing architecture firm Raunik Design to embed this philosophy into the project. It is a direction <a href="https://www.apartments.com.au/developers/martello">Martello™</a> plans to carry through its future developments along the coast.

<a href="https://www.apartments.com.au/developers/martello">Martello™</a> has positioned Aere as a continuation of its human-centric development approach, with a focus extending beyond amenity to the fundamentals of layout, natural light, and spatial planning. Promax Construction has already been appointed to deliver the project, with construction expected to commence in the coming months as part of the group’s broader expansion into South East Queensland.

Rising above the low-rise fabric of Chevron Island, Aere’s design emphasises generous internal proportions and uninterrupted outlooks, with residences oriented to capture coastal, skyline, and waterway views. Interiors prioritise open-plan living, with large-format glazing and carefully considered transitions between indoor and outdoor spaces.

[smartcode_project:default project_id=143932 project_image_fid=367508]

The upper levels are dedicated to larger-format homes, including four-bedroom residences designed as half-floor offerings. These layouts prioritise separation between living and sleeping zones, along with increased privacy and storage, features more commonly associated with detached housing than traditional apartment product.

Aere’s private resident amenity spaces centre on wellness. A rooftop level will incorporate a heated swimming pool, sauna and spa, alongside a residents’ lounge, dining areas and barbecue spaces, while additional shared facilities throughout the building include a gym and yoga area.

The inclusion of both social and quieter retreat spaces reflects a broader shift in higher-end apartment design on the Gold Coast, where developers are increasingly responding to owner-occupier demand for buildings that support long-term living rather than short-stay use.

[smartcode_project:default project_id=143932 project_image_fid=367814]

Aere is positioned within walking distance of Chevron Island’s village centre along Thomas Drive, as well as the HOTA cultural precinct via the Green Bridge, connecting residents to parklands, galleries, and event spaces.

For <a href="https://www.apartments.com.au/developers/martello">Martello™</a>, Aere represents the first in a series of planned Gold Coast developments, with the group also exploring opportunities in other coastal precincts, including Kirra and Palm Beach.

The move north comes as sustained population growth and infrastructure investment continue to reshape South East Queensland, with developers increasingly targeting boutique, design-led projects in established lifestyle pockets. Aere’s relatively small scale and emphasis on spatial quality position it within this emerging segment of the market.

[smartcode_project_cta:default project_id=143932]

Martello™ enters Gold Coast market with wellness-led Chevron Island development Aere

Strata Law

New South Wales has finally ended blanket bans on pets in apartments, following in the footsteps of Queensland and the ACT.

Victoria made some progress last year, although not to the same extent with reforms preventing landlords from unreasonably restricting pets. The Northern Territory is following suit.

South Australia has pet agreements, required for any lease, allowing pets with ground rules in place for property maintenance and management.

Western Australia has a $260 pet bond, to be taken when a pet is named on the lease for fumigation at vacancy, Tasmania has a similar system albeit without the bond.

The NSW&rsquo;s reforms are related to strata title, as until these changes, most strata titles included a blanket pet ban. Historically NSW has had the most complex regulations surrounding pets and strata.&nbsp;

Now instead of strata laws, it&rsquo;s owners corporations and landlords. The NSW government has said they can still refuse to keep an animal if there is &ldquo;repeated damage of the common property, menacing behaviour, persistent noise and odour.&rdquo;

Owners corporations will also have the right to set conditions about how pets are kept, such as requiring supervision on common property or while entering and exiting an entrance or lift.

The government says these conditions must be &ldquo;reasonable&rdquo;, but there are currently NO guidelines.

Some actions such as restricting the size of a home&#39;s pet, not uncommon in the past, were found in a report prepared as part of the NSW legislation review to be unreasonable. However, this is not specified in the law that was passed.

Close to 2.5 million Australians are living in apartments and a third of Australian households rent their homes. So with the number of renter&rsquo;s rising in the wake of property prices continuing to outpace wage growth, there is a need for consistent, equitable and pet-supportive housing rental policies across the country.

With such inconsistencies across Australia, and changes only finally occurring in the past 2-3 years, there is a lot of uncertainty for renters and pets often become the victim, as more than 60% of households include a pet.

Pets are part of the family, and this he been demonstrated over and over, especially during lockdown with mental health studies and surveys demonstrating the benefits of an animal on mental health

Dogs are the best examples of this, shown to increase daily exercise across all age groups.

There are even benefits for landlords, with US research suggesting that households with pets stayed in rental properties longer than those that did not have pets. This brings longer-term, more secure rent to property owners.&nbsp;

In spite of this as recently as 2018/19 pet bans have been sweeping and widespread in many rental properties, apartment buildings in particular are the biggest offender.&nbsp;

Emma Power of WSU during a 2016 survey found,&rdquo; that pet ownership can trigger feelings of housing insecurity for Sydney&rsquo;s renter households.&rdquo;

Roughly half of those surveyed who declared their pets when they applied for properties had been given pet ownership as the reason their application was rejected.

Mrs Powers said, these figures are likely to represent only a small proportion of those who have been rejected for pet ownership as reasons for rejection are rarely provided.

Most doggedly concerned landlords are simply barking up the wrong tree with many studies showing that the majority of landlords who worried about pets had zero first hand experience with such problems. Even when damage occurred it was significantly less than the average deposit, or pet-bond.

jordan_55689

Barking up the right tree: A guide to renting with pets in Australia

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Cats, dogs, birds and even fish, for many of us they are our closest companions, however, under some strata's rules pets are not allowed.

However, new laws have been introduced to make it easier than ever to include pets in your apartment.

But beyond that, there are developments that welcome pets with open arms and even facilitate pet living and lifestyles.

Here are 4 incredible Melbourne apartments which welcome your pets:

1. Voyager, Docklands 
Address: 103 South Wharf Drive, Docklands VIC 3008 
Two-bedroom apartments from $706,500

[smartcode_project:default project_id=3494]

Voyager, a chic residential tower delivered by Mirvac, is a new development set within the master-planned Yarra’s Edge precinct.

The harbourside precinct, set to be home to over 3,000 people, boasts over 1,000 sqm of fine dining and retail, a state-of-the-art wellness centre, parklands and marina berths.

Voyager boasts an abundance of premium amenities, designed for residents and their guests to entertain or retreat. The residence’s waterfront location offers sensation views of the Melbourne CBD.

The 315 contemporary apartments contain versatile floor plans available to suit any lifestyle or companion!

2. Folia, Doncaster 
Address: 59 Stables Circuit, Doncaster VIC 3108 
One-bedroom apartments from $400,000

[smartcode_project:default project_id=22584]

Situated on Doncaster Road, Folia forms part of Mirvac’s larger master-planned community, Tullamore.

Achieving the highest environmental certification in Australia, the development has achieved a six-leaf EnviroDevelopment accreditation, thanks to its many sustainable features.

These include a 70kWh solar panel array, renewable energy and battery storage and the possibility of including a Tesla Powerwall II battery within each residence. 

The broader development site also boasts 20 per cent of open, green space, so there's plenty of space to play with your furry companions

3. Sky Garden, Glen Waverley 
Address: 227 Springvale Road, Glen Waverley VIC 3150 
Two-bedroom apartments from $668,000

[smartcode_project:default project_id=2881]

Sky Garden, the latest development by the diversified property group Golden Age, spans three towers across the new and improved The Glen shopping centre in Melbourne's Glen Waverley.

Famed architecture firm Rothelowman designed the three apartment buildings, soaring 12, 13 and 20 levels and homing 555 one, two and three-bedroom apartments,

The apartment development is part of the $430 million Glen redevelopment which completed construction in December 2020.

Sky Garden features over 4,000 square metres of internal and external facilities with one of the most impressive features unsurprisingly being the garden in the sky.

The Sky Garden has sun lounges, a bar and kitchen for entertaining, a kids playground, veggie gardens, large lawns with water features and private dining and seating sanctuaries to unwind. The Sky Garden is located above the podium levels linking each tower.

4. K1 Residences, Melbourne 
Address: 1 Union Street, Melbourne VIC 3004 
Four-bedroom residences from $2,590,000

[smartcode_project:default project_id=2772]

For a truly exclusive pet palace, there is K1 Residences, delivered by the rapidly growing Optimus Developments, it is made up of 13 whole floors, four-bedroom apartments with gun-barrel views across Albert Park.

With architecture by award-winning DE atelier Architect, design details include spacious garden balconies, floor-to-ceiling windows doors and oversized bathrooms.

Interior design is from Bergman and Co, while landscape architects Aspect Studios handled K1’s gardens, a defining element of the building. Plus with Albert Park just across the road, it's a short walk for some fresh air with your pets.

The 175 sqm apartments come in a variety of four-bedroom configurations which is attractive for the downsizer market who are taking advantage of the soaring housing market by cashing in.

There are a number of curved balconies in each apartment which make for a striking facade.
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Cats, dogs, birds and even fish, for many of us they are our closest companions, however, under some strata's rules pets are not allowed but there are always those that welcome pets with open arms

Pet friendly palaces: Four Melbourne apartments perfect for pets

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More than one million people in NSW are being invited to have their say on how laws can be changed to improve the experience of the growing number of people living and working in strata communities.

Minister for Better Regulation Kevin Anderson said community consultation was now open as a crucial part of the statutory review of both the Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015.

“With the continued surge in popularity of apartment living we expect over half the population of Greater Sydney to be living in strata titled apartment towers, townhouses and blocks of flats by 2040,” Mr Anderson said. “There are now 81,717 strata schemes registered in NSW and every year this number grows by more than 1,000 across both Sydney and regional NSW.

“It is important that the laws covering strata living stay relevant and address some of the fundamental issues that might be stopping people from fulfilling the great Australian dream of home ownership. “The Government’s landmark 2015 reforms modernised strata living, but we know there is more to do.

"In particular, we know more needs to be done to ensure that apartment buildings are well maintained and remain free of building defects over their lifetime so that owners aren’t left out of pocket by tens of thousands of dollars. That’s why we will be seeking feedback on changes that would require owners to disclose critical information about programmed maintenance, capital works spending and defects.”

Mr Anderson said feedback was also being sought on a new digital Strata Portal that will capture mandatory information for each strata building in NSW and make it available to the regulator to ensure compliance with fire and other important safety requirements.

“Strata schemes are integral to supporting NSW’s growing population and housing boom. As more and more people choose to call NSW home, strata living holds the key to encouraging growing cities and urban development which is why this review is so important to ensure we make strata living more appealing,” Mr Anderson said.
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Community consultation is now open as a crucial part of the statutory review of two the strata scheme acts



Strata laws in New South Wales to be reviewed

<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>
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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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j.ballantyne1990-6AQqhLzZaK

How to establish a major building defect: JS Mueller & Co Lawyers' Helen Amanatiadis

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The strata building bond and inspections scheme applies where a developer and builder enter into a contract from 1 January 2018 in NSW.
The scheme applies to building work to construct residential or partially-residential strata properties that are four or more storeys. Buildings that are three storeys or under are covered under the <a href="http://www.fairtrading.nsw.gov.au/sites/ftw/Tenants_and_home_owners/Home_building_and_renovating/Home_building_compensation_fund.page" target="_blank">Home Building Compensation Fund</a>.
This scheme includes a building bond and mandatory defect inspection reports. It provides a structured, proactive process that resolves building issues quickly and cost effectively.
Developers must lodge a building bond with NSW Fair Trading equal to two percent of the contract price for residential and mixed-use high rise strata buildings.
The building bond secures funds (up to the amount of the bond). The building bond can then be used to pay the costs of rectifying any defective building work identified in a final inspection report.
Stages in the process:
1. Preparing to lodge the building bond - The developer should prepare to lodge the building bond once they and the builder have entered in to a contract. The bond is equal to two percent of the contract value of work.
2. Bond lodgement - The lodgement is uploaded online through a form, with bond payment and supporting documents and information.
3. Appointing a building inspector - The developer sources a building inspector through the Strata inspector panel. The building inspector must be independent of the developer.
4. Interim inspection and report - The building inspector conducts their first inspection of the strata property and completes a report identifying any defective building work. This happens between 15 and 18 months after the building work has been completed.
5. Final inspection and report - The building inspector arranges with the owners corporation to conduct a final inspection of the property. This happens between 21 and 24 months after the building work has been completed.
6. Payment of bond - If there are no defects, the bond is released in full to the developer.
7. Completing the process - The Building Bond Secretary facilitates the release of the bond money. The owners corporation must use any money they receive to fix the defects identified. After the defects are fixed, any money left over must be returned to the developer.
Developers, building inspectors, builders, the owners corporation and a strata inspection panel will all be included in the process.
To read more about the building bond and inspections scheme <a href="http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Building_bond.page" target="_blank">click here.</a>
 
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NSW strata building bond and inspections scheme process

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All strata schemes must review their by-laws by 30 November 2017, if they have not already done so since 30 November 2016. 
Each strata scheme has its own by-laws, which are a set of rules that owners, tenants and, in some cases, visitors must follow.  By-laws cover behaviour of residents and the use of common property. They can cover issues such as whether pets are allowed on the scheme, how smoking is regulated, parking and noise levels.
The by-laws can vary significantly from scheme to scheme and it is important to understand which by-laws apply to your scheme.
Owners corporations can determine the by-laws that suit the preferred lifestyle of the strata scheme. A by-law must not be harsh, unconscionable or oppressive. No by-law is capable of restricting a dealing in a lot, including restricting short-term letting. By-laws cannot restrict children, and cannot restrict the keeping of an assistance animal.
A copy of your scheme's by-laws is kept on the strata roll and is available from either the secretary of the owners corporation or from your managing agent (if your scheme has one).
The by-laws that apply to your strata scheme depend on the date the strata plan was registered. More information on these by-laws can be found on the Registrar General's Guidelines website.
<div>Review of all strata by-laws</div>
<div>Model by-laws</div>
<div>Pets</div>
<div>Assistance Animals</div>
<div>Nuisance smoking</div>
<div>Common property rights by-law</div>
<div>What by-laws are in place at your scheme?</div>
<div>Complying with by-laws</div>
<div>Dealing with by-law breaches</div>
<div>Penalties and fines</div>
<div>Changing by-laws</div>
<div>Other important responsibilities of strata residents</div>
If, as a result of the review, your scheme proposes changes to the by-laws, these must be put to a special resolution vote at a meeting of the owners corporation. The new  by-laws must also be registered with the NSW Office of the Registrar General within 6 months after the special resolution has been passed. This can be done by lodging a Consolidation/Change of By-Laws form. Tenants must also be informed of any change in by-laws.
In addition, the Secretary of the strata scheme must now keep a consolidated list of  by–laws. A consolidated list of by–laws must be registered with Land and Property Information before any new change of by–laws can be registered.
 
<h1>Model by-laws </h1>
The Strata Schemes Management Regulation 2016 includes a set of model by-laws which provide 'sample rules' to guide the owners corporation in setting their own by-laws. Owners corporations can choose to adopt these or make changes to better suit their circumstances to manage issues in strata like overcrowding, pets, parking, and smoke drift. Schemes are not required to adopt or adapt any of the model by-laws, they are available to assist schemes in reviewing and making by-laws to suit their scheme. Model by-laws cannot be the by-laws for your scheme unless they are first formally adopted by the owners corporation and registered with Land and Property Information.
The model by-laws include options for:
<ul>
<li>permitting pets</li>
<li>dealing with nuisance or hazardous smoking</li>
<li>helping owners corporations address noise and short-term letting</li>
<li>measures to prevent overcrowding.</li>
</ul>
View or download a copy of the model by-laws in the Strata Schemes Management Regulation 2016 from the NSW Legislation website.
 
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All NSW strata schemes must review their by-laws by 30 November 2017

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The new strata building bond and inspection scheme in New South Wales will start 1 January 2018 following a change to the original commencement date of 1 July 2017.
This scheme will only apply to construction contracts signed (or where there is no contract and building work commences) from 1 January 2018 according to NSW Fair Trading and will not require developers of new strata schemes to lodge defect bonds before 31 December 2017.
The starting date has been due to put procedural and professional requirements in place before commencement.
This includes:
<ul>
<li>the new standards and procedures relating to strata-specific building inspections</li>
<li>new digital business processes to support bond lodgement and processing of the scheme. </li>
</ul>
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jonathanchancellor-7SQnKwU6yx

Date change for NSW strata building bond scheme

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New South Wales has modernised its strata laws to reflect 21st Century living with updated rules that came into effect this week.
It is the biggest overhaul in four decades. It was 1961 when Strata Plan No 1 was registered at an Enfield walkup. Now the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015 marks the most significant reforms since 1973 revisions. 
There are around 90,000 strata schemes across the state ranging from duplexes to those with 100s of flats.
More than two million NSW residents live in the apartments, units and townhouses, and that is set to rise dramatically from downsizers. 
The new rules will effect anyone who owns or rents.
Some changes will be noticed quickly while others will take time - especially the controversial reform that paves the way for urban renewal by the compulsory demolition particularly of well-position small, older apartment blocks on large land holdings.
There's over 90 changes being implemented by the Innovation and Better Regulations Minister Victor Dominello.
NSW was the first place in the world with strata title back in 1961, so there is no doubting they needed modernisation. Around 30% of schemes in the Sydney date back more than 30 years. 
Many of the new model by-laws only apply to new strata schemes. So the model rules including the pro-pet proposal won't see pets run amok in every strata. The changes will likely facilitate some owners corporations implementing by-laws that set limits on the number of people living in a unit, albeit with no limits on family members.
One of the most important changes relates to renovations, which ought make it a little easier for cosmetic alterations.
Strata schemes can pay the council to issue parking fines for pesky unauthorised use of the visitors’ spaces.
There are some modernisation on how a strata is run, such as allowing owners to use technology to communicate on issues, in meetings and casting a vote.   
Tenants will have more rights so if more than 50% of the building is tenanted, a tenant representative can be nominated as a non-voting member of the strata committee.
The most controversial change is the ability for the owners’ corporation to decide to sell or redevelop their building.
Instead of the previous requirement of unanimous consent, the 75% threshold is a generous gift to the development lobby especially as each apartment will have one vote, rather than be based on the more worthy unit entitlement.
It is extraordinary the lawmakers would seek to have the penthouse owner's voting entitlement the same as the viewless studio down near the laundry in the basement.
Turmoil will follow at the expense of individual property rights. All it takes is for anyone - it does not have to be a lot owner - to give a written proposal to the owners corporation for a sale or redevelopment of the strata scheme to be considered. 
Any strata then needs just half the owners - perhaps two of the four owners - to pass a resolution at a general meeting to progress the prospect further along.
The intending stayput owners do get around 74 days notice of the rug being pulled from under them with limited recourse.
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jchancellor-FAypfDUnLy

New South Wales updates strata laws

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The Strata Schemes Management Act 2015 (NSW) which, but for part 11, will commence on 30 November 2016 gives “eligible tenants” certain rights.
Section 258 of the Act requires landlords (or sub-lessors) to notify the owners corporation of any tenants (or sub-tenants) by way of a tenancy notice.
At a minimum, the following information must be provided: the lot number, names of all tenants, an address for service of notices (which may be an email address), the date the tenancy is to start and the name of the agent acting on behalf of the lot owner (if any).
Once notice has been provided the tenant or tenants are eligible tenants.
If the strata scheme has received tenants notices for at least half the lots in the scheme a tenants meeting must be held 14 days prior to the Annual General Meeting (AGM) to allow eligible tenants to elect one tenant representative to the strata committee.
Eligible tenants must, at least 7 days before any AGM or extraordinary general meeting (EGM), be given a copy of the agenda. However if there is a noticeboard for the scheme required by the by-laws then the agenda need only be displayed on the noticeboard. Note not all meeting documents need be provided to eligible tenants.
Tenant representatives have a right to attend strata committee meetings, AGMs &amp; EGMs but
<ul>
<li>have no right to vote or to address the meeting (unless authorised);</li>
<li>cannot put motions on the agenda or nominate a person for office;</li>
<li>cannot act as an officer of the owners corporation;</li>
<li>are not counted for the purposes of quorum for strata committee meetings; and</li>
<li>may be excluded from discussions on financial statements, audit reports, levying or recovery of contributions and strata renewal</li>
</ul>
Tenant representatives must also be provided with notice of any strata committee meeting and a copy of the strata committee meeting minutes.
Eligible tenants have a right to attend an AGM or EGM but, unless they hold the proxy on behalf of the owner of their lot (or another lot in the scheme), they have no voting rights, no right to address the meeting and may be asked to leave if there are discussions on financial statements, audit reports, levying or recovery of contributions or strata renewal.
Note all tenants have a right to receive a copy of the by-laws for the scheme (and the strata management statement if applicable) within 14 days of becoming eligible for possession of the property. Your landlord or sub-lessor must provide this information.
The article first appeared on <a href="https://kerinbensonlawyers.com.au/nsw-fact-sheet-6-strata-reforms-tenants-rights/" target="_blank">Kerin Benson Lawyers</a>.
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Property 101: New South Wales strata reforms and tenants rights

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GUEST OBSERVER
The New South Wales Government is finally biting the bullet on rewriting the Building Professionals Act, the law governing the way buildings in the state are certified and deemed to be fire safe.
The decision follows the fatal 2012 Bankstown fire in an apartment block which had a litany of certification problems and a subsequent government review of the building certification process.
A young woman who was forced to leap from a window on the burning fifth storey of the Euro Terrace apartments died, with another young woman badly injured. When the NSW Deputy Coroner investigated the circumstances of the death he found significant failings in the current regulation of fire protection equipment and systems.
The building was 10 centimetres short of the 25-metre height where sprinklers become mandatory in units. The Deputy Coroner said sprinklers in the unit would have given the two women time to be rescued.
The inquest heard evidence that fire safety problems with the building had been identified in 2010 but nothing substantial had been done to improve it by the time of the fire.
The government then commissioned the review by former Treasury Secretary Michael Lambert who found practices for ensuring apartment fire safety were “totally ineffectual” and had led to the approval of unsafe buildings.
The government is finally acting on his report from last October, which was highly critical of the way in which commercial and apartment buildings in NSW are certified and deemed to be fire safe.
One of the changes recommended is more frequent audits and checks against building owners choosing and paying for their own certifiers.
This is long overdue. These arrangements create a conflict of interest. Allowing owners to choose and remunerate their certifier has the potential for abuse. Certifiers may choose to look the other way when the building owned by a developer who is paying them regularly has a fault which needs rectification.
There is also the issue of the skills of the certifiers. There is an absence of required qualifications and accreditation of people carrying out critical life-saving fire protection work which must be addressed. There needs to be regulation surrounding the accreditation of people working in the fire protection industry.
The owners of apartment buildings must be aware they have a role to play in keeping their building fire safe. They must be educated around the need to maintain and comply with fire standards.
This means ensuring their buildings have effective fire maintenance schemes with detection systems and other fire safety installations, such as extinguishers, hoses, exit lights and fire doors well maintained and up-to-date. Access to fire escapes must be clear at all times, with appropriate evacuation signage directing residents to exits.
Managing agents are accountable for the buildings they oversee, ensuring that fire safety standards are upheld and the fire risk assessment needs to be periodically reviewed.
Each year a qualified person such as a fire engineer or building surveyor must inspect the fire safety measures and provide a Fire Safety Installation Certificate to the owners. The annual Fire Safety Statement must be provided to the council and the NSW Fire Brigades, and must be prominently displayed in the strata building.
There are a number of older buildings which may not currently be subject to these requirements. However, many of these buildings will be subject to a development consent, construction certificate or fire safety order at a future date which may incorporate these requirements.
It is up to owners and managing agents to ascertain what is required. For older buildings that have not had a Fire Safety Schedule, a fire safety consultant can be engaged to conduct an audit on the building, to report on what is there and to suggest upgraded fire safety measures.
There is now greater emphasis on the records and evidence required by building owners to demonstrate regulatory compliance.
The New South Wales government says it will pursue more than 70 suggested changes. We look forward to their implementation.
Matthew Wrigley is managing director and licensee in charge of Perpetual Strata Management and can be contacted <a href="https://perpetualstrata.com.au" target="_blank">here</a>.
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