Author: Lindsey

It is nearly impossible not to feel some uncertainty, and a degree of fear, from what the COVID-19 pandemic has brought to our community. You can’t turn on the news or read social media without being confronted with international stories of panic and despair.

But having access to this endless information has a downside for us — it starts to dominate our lives. We read about it continuously, we search endlessly for answers. As we do, our fear and uncertainty build.

While we don’t know exactly what will happen, we do know that as a community our response to COVID-19 will impact all of us in ways we haven’t experienced before.

It’s very normal to not feel OK in challenging times such as these, and your family, friends and community will all react differently.

It is now even more important that we all promote a sense of community and reach out to our friends, family and colleagues to ensure they are coping.

SCA (NSW), encourages all members and strata communities alike to look out for each other.

Continue to be part of your community. Most importantly, try to think of those most vulnerable to becoming socially isolated, especially our older neighbours, and check in on them too.

Ask what they need

Services you can offer that don’t involve physical contact might include:

• Delivering groceries or medical supplies
• A friendly chat across balconies (at a safe distance of at least 1.5 metres) or over the phone

Reach out via social media

If you can’t connect face-to-face you can keep tabs on your neighbours and update everyone on what’s happening in your buildings via Facebook, WhatsApp or Zoom.

You can also search for existing community groups on social media by typing in your town or suburb’s name and post public offers of help there.

Keep up the contact

What everyone should be working towards is a deeper connection and more meaningful connection after the pandemic is over

There will be other challenges for communities and the idea is to forge connections that will last, are based on respect, understanding and the importance and value of all people in our community.

Let’s all contribute to making our community what it is and support each other in one way or another.

 

With another cold winter around the corner and the household electricity usage rising to combat the chill; we wanted to share some information on regulations that all gas and energy providers must abide by, and energy bill relief schemes that the NSW Government has introduced during the COVID-19 pandemic.

Regulatory Information:

Under Retail Law in NSW, electricity & gas energy retailers must implement customer hardship policies for their residential customers.

The purpose of a retailer’s customer “hardship policy” (or similarly named policy) is to identify customers experiencing payment difficulties (due to hardship) and to assist those customers to better manage their energy bills.

Hardship factors cover items such as

• death in the family,
• household illness,
• unemployment &
• reduced income (the last two of which are most presently applicable).

Energy retailers have a requirement to ensure customers can access hardship support when needed.

Energy.gov.au provides essential information for billing and payment help in the first instance:

1. If you or your business are having trouble paying your bill you should call your electricity or gas provider. Their phone number is on your bill.
2. Ask about what hardship support they can offer you. They have staff trained to assist.
3. Ask to go on a payment plan to pay your bill over a longer time or make small regular payments.
4. Stay on the plan to protect yourself from disconnection, interest payments and late fees.
5. Ask if there are government concessions or rebates to help you at home or at work.

They also provide tips and tricks on how to save energy for your household or business.

As a result of the financial pressure that COVID-19 is causing to thousands of residents, many energy retailers are acknowledging the difficult times ahead and urge customers experiencing difficulties paying their bills to get in touch with their supplier.

The Energy and Water Ombudsman in your jurisdiction may also be of assistance and they encourage you to contact your energy or gas provider for information about their affordability programmes. In addition to energy retailers’ support, you may be eligible for government support.

Energy Accounts Payment Assistance Scheme:

Households struggling to pay their energy bills during COVID-19 now have access to additional financial support directly through Service NSW and the NSW Department of Planning, Industry and Environment, thanks to a $30 million boost to the government’s emergency support Energy Accounts Payment Assistance (EAPA) Scheme.

For ease of access, residential energy customers can now apply for EAPA vouchers directly through Service NSW and will be called for an assessment without having to leave the home.

During the assessment for EAPA vouchers, NSW Government representatives will also contact energy retailers with customers to assist with getting customers onto hardship plans, which will further protect customers during this extraordinarily difficult time.

If you’re having difficulty paying your household energy bill because of a short-term financial crisis or emergency, such as unexpected medical bills, or reduced income due to COVID-19, you could be eligible for Energy Accounts Payment Assistance (EAPA) $50 vouchers.

EAPA vouchers are sent electronically to your energy retailer and used to credit your home electricity or gas account. EAPA vouchers can’t be used to put your energy account into credit.

Eligibility

To meet the requirements for EAPA vouchers you must:

• have an electricity or natural gas account for a NSW residential supply address, which is your primary place of residence
• be the electricity or natural gas account holder (your account and bill must be in your name)
• be experiencing a short-term financial crisis or emergency that has impacted your ability to pay your current residential energy bill (in full or in part) due to financial hardship.

You’re not eligible if you:

• use liquid petroleum gas (LPG) bottles for your gas supply; however, you may be eligible for gas rebates
• are residing in embedded networks (e.g. some strata plans, retirement villages and residential parks)
• have already paid your energy bill. You can apply for EAPA vouchers if you’re still experiencing a short-term financial crisis or emergency when you receive your next energy bill.

For more information on NSW Government concessions, rebates, and assistance visit:

• Service NSW

Building Standards, Building Quality and Building Disputes 

The final report of the Public Accountability Committee, entitled Regulation of building standards, building quality and building disputes: Final report, was published yesterday.

The report was tabled with the Clerk of the Parliaments on 30 April 2020 – following an inquiry which was established on 4 July 2019 to inquire into and report on the regulation of building standards, building quality and building disputes.

The report is available on the Government’s website, along with submissions, transcripts of evidence and other inquiry documents here.

SCA (NSW) were very vocal on this issue, appearing before the inquiry to present our submission and table our 7-point plan, which was formulated to restore confidence in the market and deal with the retrospective failures of  builders and certifiers.

The report and its recommendations are now with the government for consideration. The government is required to respond to the recommendations within six months.

We will advise our members of the government response when it has been received.

On behalf of SCA (NSW), we’d like to take this opportunity to thank our members and stakeholders for any contribution to the inquiry.

The recommendations for the government’s consideration are outlined below:

Recommendation 1

That the NSW Government introduce and debate the powers bill granting the NSW Building Commissioner new powers to ensure building standards as a matter of urgency when the NSW Parliament is reconvened in May 2020, with prompt circulation of the proposed bill to members of Parliament.

Recommendation 2

That the NSW Government resume debate on the Design and Building Practitioners Bill 2019 as a matter of urgency when the NSW Parliament is reconvened in May 2020.

Recommendation 3

That the NSW Government empower the NSW Building Commissioner to oversee all licencing inspections, within the newly created Building Commission. Further, that the Building Commission hire additional, specialised inspectors to create a more robust inspection regime for building, electrical and plumbing work in New South Wales.

Recommendation 4

That the NSW Government release and act immediately on the advice of the NSW Building Commissioner in relation to flammable cladding, or alternatively explain why it prefers an alternative approach.

Recommendation 5

That the NSW Government establish a separate division in the Building Commission, modelled on Cladding Safety Victoria, to lead the response to flammable cladding on New South Wales buildings. The cladding division should sit within the Building Commission, as recommended in the first report of this inquiry, and be responsible to the NSW Building Commissioner.

Recommendation 6

That the NSW Government require property owners, landlords and real estate agents to disclose whether a building contains flammable cladding, and the progress of any rectification measures, to prospective buyers and tenants within a reasonable timeframe prior to signing contracts and when a property is open for inspection.

Recommendation 7

That the NSW Government ensure that all buildings designed for public use such as cinemas, shopping centres, universities, hotels, entertainment centres, childcare centres and hospitals that are assessed as high-risk for flammable cladding are remediated as a priority. Additionally, members of the public entering those buildings should be made aware that a building is high-risk. This might take the form of the compulsory display of a notice to this effect and compulsory notification at the time of booking where possible.

Recommendation 8

That the NSW Government publish the specific criteria used to classify buildings as no, low or high-risk in regards to flammable cladding.

Recommendation 9

That the NSW Government provide significant further resources to Fire and Rescue NSW to enable the Fire Safety Branch to respond to the issue of flammable cladding in a timely and comprehensive manner.

Recommendation 10

That the NSW Government urgently establish an expert panel or panels, similar to the panel established in Victoria, to assess and provide advice free of charge on cladding rectification plans, including what materials homeowners can use to replace flammable cladding.

Recommendation 11

That the NSW Government adopt a practice where genuine purchasers and potential tenants are able to access information from the cladding register or similar database to clarify the cladding status of their potential future home.

Recommendation 12

That the NSW Government provide a substantial funding package, proportionate to the Victorian Government’s $600 million package, to fund the rectification of buildings containing aluminium composite panels and building products that may be banned in future. The package should be available to homeowners who have already commenced remediation work.

Recommendation 13

That the NSW Government take a proactive role in identifying other potentially flammable cladding products on the market and move to ban them or otherwise prevent their unsafe use in the construction industry.

Recommendation 14

That the NSW Government, through the Building Ministers’ Forum, seek to amend the National Construction Code to require that building materials do not create a risk of debris falling from a building during fire conditions, including for composite products.

Recommendation 15

That the NSW Government, through the Building Ministers’ Forum, seek to ensure mandatory accreditation by the National Association of Testing Authorities, Australia (NATA) for all entities that test building materials.

Recommendation 16

That the NSW Government undertake a review of the mandatory critical stage inspection regime under the Environmental Planning and Assessment Act 1979 with a view to expanding the number and scope of required inspections undertaken by accredited certifiers.

Recommendation 17

That the NSW Government consider amending the Environmental Planning and Assessment Act 1979 to require a mandatory inspection two years after a development consent has been issued to ensure that construction is consistent with the approved development application plan and the construction certificate.

Recommendation 18

That the NSW Government implement the recommendations, where practical, put forward in this report by Mr Michael Lambert to improve the certification system as soon as possible and no later than within two years. Specifically, the recommendations made by Mr Lambert to:

• provide practice guides for building certifiers and each other class of certifier of building work, setting out the role and responsibilities to which certifiers are held to account
• undertake a regular audit program of the work of building certifiers
• provide support for certifiers in the form of a help desk and a panel of experts on which they can draw for advice and a Reference Panel for mandatory reviews of select designated complex and higher risk developments
• put in place controls to mitigate conflicts of interest and increase the independence and transparency of engagement of building certifiers and building practitioners
• provide building certifiers with enhanced supervisory powers and mandatory
• reporting obligations in respect to building non-compliance
• establish and maintain a program of Continuing Professional Development for all building certifiers
• require building certifiers to be members of an approved professional association which is subject to a full professionalisation process oversighted by the Professional Standards Authority
• establish a requirement for councils and building certifiers to work together, including a requirement for mandatory reporting to councils by building certifiers of non-compliance and for councils to act on such notices and keep the building certifier informed of developments.

Recommendation 19

That the Legislative Council’s Public Accountability Committee as part of its foreshadowed inquiry to review the NSW Governments’ reforms into the building and construction industry consider as one of its terms of reference the strengthening of public control of certification, such as returning certification to local councils.

Recommendation 20

That the NSW Government review the NSW Civil and Administrative Tribunal dispute resolution process for disputes relating to strata buildings to ensure the tribunal has sufficient enforcement powers and to simplify and streamline the dispute resolution process, and to ensure that tribunal members have the relevant expertise.

Recommendation 21

That the NSW Government appoint a Strata Commissioner, to sit within the Building Commission that was recommended in the first report of this inquiry. Once established, the Strata Commissioner should undertake an initial project to scope their specific responsibilities. These may include:

• providing training, support and advice to strata committees, particularly on rectifying building defects and flammable cladding and dealing with strata disputes
• monitoring and recommending any necessary changes to the policy settings that govern disputes between homeowners and builders and developers
• appointing a buildings’ initial strata manager to be in place until the first Annual General Meeting.

Recommendation 22

That the NSW Government explore additional financial assistance measures for strata homeowners who have major defects in their buildings and who are unable to claim under the statutory warranties scheme or the Home Building Compensation scheme, noting that the committee will further consider this matter in its foreshadowed inquiry to review the NSW Government’s reforms into the building and construction industry.

We look forward to positive change to building standards and regulation in NSW.

A new section 66(2A) has been inserted into the Residential Tenancies Act 2010 (NSW), setting out that certain alterations, additions, renovations and fixtures may be prescribed as of a “minor nature” and that the landlord is not able to unreasonably withhold consent.

Further, with respect to certain prescribed minor changes, the landlord may give consent on the condition that an appropriately qualified person makes the change.

On and from 23 March 2020, Tenants can install fixtures or make alterations, additions or renovations if they have the landlord’s written consent, or if the tenancy agreement permits it.

The tenant must pay for the fixture they install or for any alteration, renovation or addition to the property that they make unless the landlord agrees otherwise.

The new Regulation lists the kinds of fixtures or alterations, additions or renovations that are minor where it would be unreasonable for the landlord to say no:

• Securing furniture to a non-tiled wall for safety reasons
• Fitting a childproof latch to an outdoor gate of a single dwelling
• Inserting fly screens on windows
• Installing or replacing an internal window covering e.g. curtains and removable blinds
• Installing cleats or cord guides to secure blind or curtain cords
• Installing child safety gates inside the property
• Installing window safety devices for child safety
• Installing hand-held showerheads or lever-style taps to assist elderly or disabled occupants
• Installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items
• Installing phone line or internet connection
• Planting vegetables, flowers, herbs or shrubs (shrubs that don’t grow more than two meters) in the garden if existing vegetation or plants do not need to be removed
• Installing a wireless removable outdoor security camera
• Applying shatter-resistant film to window or glass doors
• Making modifications that don’t penetrate a surface, or permanently modify a surface, fixture or structure of the property.

The new Regulation also specifies that a landlord may require that the following changes be carried out by a qualified person:

• Installing hand-held showerheads or lever-style taps to assist elderly or disabled occupants
• Installing a phone line or internet connection

The changes do not apply if a property is listed on the loose-fill asbestos insulation register, or if the property is a heritage item.

Some restrictions and exclusions also apply to property in a strata scheme, residential land lease community, or to social housing properties.

Even if the fixture, alteration, addition or renovation is included in the above list, tenants must still get the landlord’s written permission. However, for changes that are on the list and not covered by an exemption, it is unreasonable for the landlord to refuse consent or place conditions on the consent.

Our next topic will cover the limiting of rent increases to once every 12 months for periodic (continuing) leases

Stay tuned.

SCA (NSW), are here to help our members transition to the new laws.

If you would like to read about all the changes for tenants and landlords alike, please visit the Department of Fair Trading’s website here.

 

A new section 26(2A) will be inserted into the Residential Tenancies Act 2010 (NSW), setting out that certain information must be disclosed to tenants where the property is in a strata scheme.

From 23 March 2020, NSW landlords are required to provide new information disclosed to prospective strata tenants:

• Before a tenancy agreement is signed, a landlord or agent needs to give a tenant a copy of the strata scheme’s by-laws.
• They also need to inform the tenant if a strata renewal committee is currently established for the scheme.

These changes provide greater protection for prospective strata tenants and are additional requirements to the general disclosure obligations.

Both disclosures must occur before the tenant enters into the residential tenancy agreement.

 

The amendment in practice:

Property managers will need to plan so that, prior to the tenant signing a residential tenancy agreement, they have a copy of the latest by-laws and knowledge of whether a strata renewal committee has been established.

Property managers will need to allow enough time, so they can be proactive in seeking and obtaining this information from strata managers to ensure compliance with the new section 26(2A).

Property managers should install appropriate processes to ensure the leasing process isn’t slowed down.

Our next topic will cover changes of a ‘minor nature’

Stay tuned.

SCA (NSW), are here to help our members transition to the new laws.

If you would like to read about all the changes for tenants and landlords alike, please visit the Department of Fair Trading’s website here.