NSW apartment, commercial developments ordered to fix defects by Fair Trading

Buildings riddled with defects have been uncovered in almost every part of NSW as part of a statewide crackdown on the sector. See the full list of properties.

Dozens of building projects including unit development have come under scrutiny over building defects.

Buildings riddled with defects have been uncovered in almost every part of NSW as the state’s construction watchdog continues to crackdown on the sector.

Cracks, water leaks, and inadequate fire safety measures are among defects that have been identified in various development projects during inspections of construction projects by Fair Trading NSW.

Fair Trading NSW figures show there have been 25 buildings across NSW that have been issued with rectification orders to fix defects since the end of February.

Ben Hemsworth, managing director at law firm Somerville Legal, said he had seen an increase in Sydney homeowners seeking legal advice for defective building work.

“I’m always surprised with the level of non compliance within the construction sector – a lot of it I think is an unawareness of what builders’ responsibilities are,” he said.

NSW Building Commissioner David Chandler.

“The legal avenue for defects to be fixed can take a long time to resolve and often when it’s found out there may be defects then building works stop and people end up with half built homes.

“For people who have invested their life savings in a property it can be a very complex issue to resolve.”

The figures come after the state government confirmed it would continue to crackdown on the building sector to ensure building developments meet key Australian Building Standards.

The measures include extending the Project Intervene program which uses the powers of Fair Trading to compel developers/builders to remediate serious defects.

Premier Chris Minns said the measures were partly aimed at ensuring buyers can have confidence when purchasing a new home.

“Ensuring existing apartment buildings are good quality, well constructed buildings will give families greater confidence in this critical industry,” he said.

Below is a list of buildings issued with rectification orders by Fair Trading NSW in the last four months.

63 CARTER STREET, CAMMERAY

A concept image of the development.

Issued on June 30

Developer: 63 Carter Street Cammeray Pty Ltd

Two defects were discovered at the five-storey unit complex relating to waterproofing and fire safety works.

The inspection report shows the defects including insufficient clearance throughout the fire pump room. Building standards require fire pump rooms to be readily accessible in the event of emergency. There was an absence of waterproofing flashing in sections of the building which Fair Trading states could allow water to penetrate into the habitable areas of the building.

Planning records show the 19-unit development was approved in the Land and Environment Court in 2020.

11 RHONDA AVENUE, NARWEE

A photo of the townhouse development.

Issued on June 27

Developer: Kusa Pty Ltd (ACN 605 522 709)

Four defects were discovered at the townhouse development relating to inadequate waterproofing works.

The inspection report shows the defects included water ingress through front entry doors throughout the building, water damage to plasterboards, water leakage causing water staining on a kitchen ceiling, and water ponding in an apartment shower.

Planning records show the 11-townhouse development was approved in the Land and Environment Court in 2017.

9A COOPER PARK ROAD, BELLEVUE HILL

A photo of the site.

Issued on June 26

Developer: Maryland Developments

Four defects were discovered at the apartment development relating to inadequate waterproofing works.

The inspection report shows the defects included inadequate waterproofing in the roof, balcony drainage, and defects in showers leading to drainage problems.

Planning records show the 32-unit complex was approved by Woollahra Council in 2018.

118 ALEXANDER STREET, CROWS NEST

A photo of the building under construction.

Issued on June 21

Developer: 118 Alexander Street Pty Limited

Six defects were discovered at the four-storey retail and residential development relating to mechanical, plumbing and electrical services, and fire safety.

The inspection report shows the defects included the toilet air exhaust system which discharged to a carpark at the site rather than outside as required. Car spaces in the basement were also not adequately ventilated, and there was absence of sprinklers at the base of a vehicular lift shaft in the building.

Planning records show the $3.5m development was approved by North Sydney Council in 2016 and has 12 apartments, retail areas and underground basement parking.

33-37 MENTMORE AVE, ROSEBERY

Seven defects were identified by Fair Trading.

Issued on 21 June 2023 / 3 March 2023

Developer: Mentmore 313 Pty Ltd

Seven defects were discovered at the inner city unit development relating to building cracks, waterproofing and internal and external load bearing components of the building.

The rectification order states the defects included cracks in waterproof membranes in four sections of the building, and there was insufficient sealing of membranes which allowed water to penetrate the roof and enter apartments. A brick load bearing wall was also observed overhanging from the slab edge which Fair Trading stated had the risk of collapsing.

The June Fair Trading NSW order followed a separate rectification order in March this year which issued a building work rectification due to defective waterproofing which could result in water entering sections of the building.

The development – known as ‘Laneways’ – comprises four separate buildings standing up to five-storeys tall. Planning records show the development was approved by the City of Sydney in 2019.

290-294 KEIRA STREET WOLLONGONG

A photo of the site. Picture: Google Maps.

Issued on 21 June 2023.

Developer: 290 Keira Street Pty Ltd

Two defects were discovered at the seven-storey building relating to mechanical services and waterproofing.

The inspection report shows the defects included inadequate waterproofing on balconies. Ductwork in bathrooms had also not been installed in accordance with approved plans which Fair Trading states could mean effluent from one area could return back into the habitable area of the building, reducing the health of residents.

The development comprises 34 residential units, two commercial tenancies and 50 parking spaces and was approved by Wollongong Council in 2020.

125-129 ARTHUR STREET, PARRAMATTA

The development has more than 60 units.

Issued on 16 June 2023.

Developer: S & A Property Holdings Pty Ltd

One defect was discovered at the multistorey unit development relating to the internal load bearing components of the building.

The inspection report by Fair Trading states the defect comprised exposed reinforcements, honeycombing and segregation in the soffit. The concrete slab was also not monolithic. Fair Trading states the defect could compromise the structural integrity of the building, leading to potential localised damage or premature deterioration of building elements.

Planning records show the seven-storey development includes 64 units and was approved by Parramatta Council in 2015.

73-89 EBLEY STREET, BONDI JUNCTION

The rectification order identified 12 defects.

Issued on 8 June 2023.

Developer: 89 Ebley Street Pty Limited

Twelve defects were discovered at the apartment complex relating to structural systems, waterproofing, fire safety, and essential building services.

An inspection report released by Fair Trading showed the defects included uncontrolled cracking of 2mm to 4mm in the basement slabs and soffits of the building. One unit had been vacated and was “deemed uninhabitable” due to excessive mould conditions caused by the inadequate waterproofing. There was also evidence of water penetrating into habitable areas of numerous units.

The $17m development was approved by the Land and Environment Court in 2017 and is currently occupied by tenants.

61 & 63 BARDIA PARADE, HOLSWORTHY

A photo of the development under construction.

Issued on 1 June 2023.

Developer: CECAM Developments Pty Limited

One defect was discovered at the eight townhouse development relating to first floor and roof framing, which was deemed an internal load bearing component of the building.

An inspection report showed the construction of timber framing failed to comply with approved plans and had non-compliant connection details.

Planning records show the $2m development was approved by Liverpool Council in 2019.

23-25 ALCOOMIE STREET, VILLAWOOD

A concept image of the development.

Issued on 1 June 2023.

Developer: AE Investments Australia Pty Ltd ATF AE Holdings Unit Trust

Three defects were discovered relating to waterproofing systems in the eight-unit apartment building.

The inspection report states the defects included waterproofing materials on the floor and walls which had not been tested for compatibility. There were also inadequate drainage systems in the building, resulting in water not falling into a drainage outlet.

Planning records show the development was approved in the Land and Environment Court in 2018.

17-19 LOFTUS STREET, WOLLONGONG

A photo of the site.

Issued on 17 May 2023.

Developer: Loftus Street Apartments Pty Ltd

Three separate defects were discovered relating to inadequate waterproofing works at the mixed-used development.

The inspection report shows there was evidence of water entering into six units and the basement. Water was also seen entering the development through the openings around the lift shaft and a fire escape stairway.

Planning records show the development comprises 48 apartments, commercial retail space and underground carparks.

3 SMITH STREET, RYDE

Six defects were identified at the site.

Issued on 5 May 2023.

Developer: Romeciti Eastwood Holdings

Six separate defects were discovered relating to inadequate waterproofing and fire safety works at the mixed-used development.

The inspection report showed the defects included water staining the ceiling of a ground floor unit, and insufficient waterproofing works on the roof of the building that resulted in water pooling on the surface.

Council records show the apartment building was approved by Ryde Council in 2016 and is currently occupied by tenants.

5-9 OZONE STREET, CRONULLA

A concept image of the development.

Issued on 1 May 2023.

Developer: Ozone Cronulla Pty Ltd

Four defects relating to waterproofing and fire safety were discovered at the 38-unit multistorey ‘Ozone Residence’ apartment building.

The inspection report showed fire sprinklers were obstructed and did not have adequate coverage. There was also inadequate waterproofing in sections of the building which Fair Trading states could cause unhealthy or dangerous conditions.

Planning records show the $33m development was approved in 2019.

395 PRINCES HIGHWAY, ROCKDALE

A photo of the development.

Issued on 27 April 2023.

Developer: Rockdale One Pty Ltd

Thirty-one separate defects were discovered at the 91-unit development including inadequate waterproofing, fire safety systems, building enclosures, structural systems, and essential services.

The inspection report showed the defects included “uncontrolled cracking” of between 2mm to 4mm in the basement slabs of the building and corrosion staining metal formwork in sections of the building. Water damage was also seen staining common areas of the building, windows and skylights had not been adequately sealed, water was observed throughout the roofs of the building, there was uncontrolled water penetration in the building’s fire stairs, and stormwater was not able to adequately flow to an outlet at the site.

Planning records show the 11-storey development was approved by the Sydney Central Planning Panel in 2017.

49 GERRALE STREET, CRONULLA

Thirteen defects were identified at the site.

Issued on 27 April 2023.

Developer: Iridium Developments Pty Ltd

Fair Trading NSW issued the developer of the Wavelength building with a building rectification order after an inspection identified 13 separate defects relating to waterproofing, fire safety systems, structural systems and essential building services.

An inspection report shows the defects included uncontrolled cracking in reinforced concrete slab in multiple areas of the building, and insufficient ventilation of gas meter cupboards throughout the building. There was also water penetration within the basement level of the building, insufficient drainage on balcony, and inadequate height clearances in the building’s fire exit.

The development has 67-units and was completed in 2021.

2-6 JUNCTION STREET, RYDE

Twenty five defects were identified at the site.

Issued on 24 April 2023.

Developer: Forte Sydney Constructions Pty Ltd

Twenty-five separate defects were discovered at the 42-unit development including inadequate waterproofing, fire safety, structural systems and essential building services.

The inspection report shows defects included uncontrolled cracking in drain areas of basement car park levels of the building. A diesel exhaust pipe had also been installed near unit windows which Fair Trading states “posed a threat to health and safety risks to the occupants”. Steel reinforcements on the slab of the building were also exposed and had the potential to compromise the structural integrity of the slab. The defects relating to waterproofing included a lack of adequate drainage system on the building’s roof.

Planning records show the development was approved by the Ryde Council in 2015 and was completed in 2019.

11 FARM STREET, GLADESVILLE

Nine defects were identified at the site.

Issued on 24 April 2023.

Developer: 605835194 Pty Ltd (formerly MusdevPty Ltd)

Nine defects were discovered at the residential unit complex including inadequate waterproofing in multiple sections of the building.

An inspection report by Fair Trading showed the defects included water penetration into the building’s ground floor driveway, a car space, a garbage room and two sections of the building’s basement. Water was also seen penetrating onto an upper level balcony, a common hallway and in the front entry of one of the residential apartments.

Records show the $3m development was approved by Ryde Council in 2016 and is currently occupied by tenants.

23 GEORGE STREET, BURWOOD

A photo of the building under construction.

Issued on 18 April 2023.

Developer: George St Property Pty Ltd

Six separate defects were discovered at the multistorey unit complex relating to inadequate electrical services, fire safety measures and mechanical services.

The Fair Trading inspection report shows the defects included a lack of access from outside the lift shaft near to a smoke detector to test or replace the smoke detector. There were also no emergency access doors for the lift blind shaft between the second and third levels of the building. The defects meant the ability and options available for NSW Fire and Rescue personnel to evacuate residents in an emergency situation was reduced.

Planning records show the 18-storey development was approved by Burwood Council and 54 units described as “exclusive luxury apartments”.

17-21 MCGILL STREET, LEWISHAM

A photo of the site.

Issued on 6 April 2023.

Developer: McGill Street Investments Pty Ltd

The inspection identified eight separate defects at the residential unit development relating to fire safety and waterproofing.

The defects included an absence of sprinklers in the basement carpark, smoke detectors which were positioned too low on walls, and leaks causing water to penetrate into a basement level of the building. Other defects included a swinging door that opened too far into a passageway, fire hydrant outlets positioned too low on floors, and inadequate drainage on an apartment balcony.

Planning records show the development was approved by the former Marrickville Council in 2014 and underwent modifications that were approved by Inner West Council in 2021.

17-19 AURELIA STREET, TOONGABBIE

The development has more than 100 units.

Issued on 22 March 2023.

Developer: Buildwell Australia Pty Ltd

Five separate defects were discovered at the 146-unit development relating to internal load bearing and waterproofing works.

Fair Trading states the defects included cracking in sections of the building. The defects relating to waterproofing included corrosion of the base of a door jamb which Fair Trading stated could result in unhealthy and dangerous conditions for affected residents.

The development was approved by Cumberland Council and includes 146 apartments, commercial retail space and underground carparks.

19 RALPH STREET, ALEXANDRIA

A concept image of the development.

Issued on 21 March 2023.

Developer: 19 Ralph St Alexandria Pty Ltd

Seven defects were discovered at the mixed-used apartment complex relating to fire safety, waterproofing and plumbing.

According to the rectification order, the defects included internal water pooling and damage to the waterproofing materials, water leaks through the structural slab along with water entry through the windows and external facade. Other defects included a lack of accessible gas isolation valves.

The $4.7m development has 17-units and was approved by the City of Sydney in 2018

5-7 PARKES STREET, PARRAMATTA (LOT 511 DP 866023)

A concept image of the development.

Issued on 20 March 2023.

Developer: Parkmeng Pty Ltd

Two separate defects were discovered within the 173-unit building relating to inadequate plumbing.

The defects included no perimeter drainage measures implemented in the basement wet walls, which has resulted in uncontrolled water flow. Fair Trading states the absence of perimeter drainage allowed surface water to run onto the slab of the building causing water to ‘pond’ in affected areas. In a separate defect, surface water was also not able to be conveyed to a drainage system resulting in “water ponding” in a basement level of the building, partly due to debris in the drainage system.

Parramatta Council records show the 24-storey development was approved in 2017.

11-15 CHARLES STREET, CANTERBURY

The rectification order was issued to Toplace Pty Ltd.

Issued on 17 March 2023.

Developer: Toplace Pty Ltd

Six defects were discovered at the high-rise unit development relating to the internal load bearing components of the building, waterproofing works, fire safety and building enclosures.

The inspection report states the roof slabs in sections of the building were under-reinforced, presenting the risk of cracking. Other defects included obstructed fire sprinklers.

Planning records show the 11-storey development has 276 units.

143 SOUTH STREET, MARSDEN PARK

A concept image of the development.

Issued on 28 February 2023.

Developer: Universal Property Group Pty Ltd

Two defects were discovered at the residential unit complex relating to the external load bearing components of the building.

The rectification order states the defects included shotcrete walls that did not have an adequate thickness, and a capping beam in the building had insufficient strength to support structures above.

Planning records show the 64-unit complex was approved by Blacktown Council in 2018.

177 BURRANEER BAY ROAD, CARINGBAH SOUTH

A photo of the site.

Issued on 23 February 2023.

Developer: Ross Kenna Developments Pty Ltd

Nine defects were discovered at the site relating to waterproofing, fire safety systems, and mechanical, plumbing and electrical services.

The Fair Trading inspection report states the inadequate waterproofing was discovered on entry doorways, balcony sliding doors, and in the basement carpark. The inspection also uncovered a lack of drainage measures on balconies to provide protection against overflows of water.

Planning records show the $1.2m five-townhouse development was approved by Sutherland Shire Council in 2014.