Melbourne Law School - Research Publications

Permanent URI for this collection

Now showing 1 - 1 of 1

Construction defects in apartment blocks: Whose problem?

Britton, P ; Bell, M (LexisNexis Australia, 2021)

This article contributes to comparative analysis in pursuit of effective reforms to the regulatory regimes directed at the minimisation of defective work, and its consequences, in respect of high-rise apartment buildings. Its subject jurisdictions are England and Wales and the Australian states of New South Wales and Victoria. The centrepiece of the article is a case study of an apartment development in northwest England which has occupied the courts for several years without residents yet being able to return to their defects-riddled homes. We conclude that tenure differences between long leasehold in England and Wales and strata title (or equivalent) in Australia are less significant in explaining this negative outcome than the greater rights of action made available by the NSW and Victorian regimes, against builders or other parties who contribute to defects.