Watchdog accused of pressuring Canterbury-Bankstown Council to fix Jean Nassif’s defective Vicinity block

A war of words has broken out over a Jean Nassif-linked development in Canterbury hit with rectification orders, with the local mayor criticising the state’s building watchdog.

The mayor of Canterbury-Bankstown has accused building commissioner David Chandler of trying to “pressure” his council into forcing the repair of a defective Jean Nassif-built block of flats, saying the watchdog’s current powers make him a “toothless tiger”.

Canterbury Bankstown City Mayor Bilal El-Hayek also called on Premier Chris Minns to grant new powers to Mr Chandler to fix properties the watchdog identified as defective after the builders go bust, instead of forcing the ongoing management on to councils.

The accusations are in a letter to the Premier and Ministers Jihad Dib and Anoulack Chanthivong, obtained by The Daily Telegraph.

In the letter the mayor states “pressure” had been applied by the building commissioner on to council to become involved in the ongoing repair of the Vicinity block of apartments in Canterbury, which was built by on-the-run property developer Jean Nassif’s Toplace.

The building arm of Toplace went into administration in July, after NSW Fair Trading ordered the company to fix serious defects in the Vicinity complex which regulators have warned could collapse.

Under current regulations, if the builder or developer of a defected property collapses, the cost of future rectification works are likely to have to be borne by owners, under orders from the local council.

Vicinity Apartments in Canterbury at 11-15 Charles Street. Picture: Supplied.

In the letter, the mayor states the council doesn’t have the resources or expertise to order the owner’s corporation to undertake work to fix the building.

The letter states the commissioner’s “powers need reviewing” and should be expanded, calling for the building commissioner to have the power to enforce orders on owners’ corporations to repair defects when a builder is no longer trading.

It’s a change to the Building Commissioner’s current powers, which include the ability to make and enforce work orders against developers and builders but not owners.

NSW Building Commissioner David Chandler. Picture: Sam Ruttyn

“When a defective building requires rectification and the builder or relevant developer is no longer trading, local councils are responsible for ordering repairs,” NSW Government briefing documents seen by The Telegraph explain.

In a statement, Mayor El-Hayek said he had also criticised the previous Liberal Government for not giving the Building Commissioner David Chandler adequate powers and resourcing.

“It’s no secret his hands were tied behind his back and in some instances, he was nothing but a toothless tiger,” Mayor El-Hayek told The Telegraph.

Canterbury Bankstown Mayor Bilal El-Hayek. (AAP IMAGE / Carmela Roche)

“It is his job to protect homebuyers and restore trust in the building industry, not leave it all for councils to do. In many cases where private certifiers are used, councils have little or no oversight of the construction process.”

Mayor El-Hayek confirmed he wrote to the government to express his concerns in relation to the Vicinity development and the role of the Building Commissioner but would not elaborate. He would neither confirm nor deny a meeting with Mr Chandler took place.

A Minns Government spokesman said the budget earlier this month put $24 million into creating a fully-fledged Building Commission to support Mr Chandler’s position.

“We all share responsibility for delivering more high-quality homes, including local government. We look forward to meeting with Mayor El-Hayek to discuss these challenges,” he said.

“The Building Commissioner’s focus is on driving dodgy builders out of the sector and lifting the performance of every player in the system.”