Bella Vista Village Green unit complex ordered to fix building defects after Fair Trading inspection

Developers behind a ritzy shop top housing complex in Sydney’s northwest have been ordered to fix “serious defects” at the site including sections of walls which had been constructed without reinforcement.

A luxury unit development in Sydney’s northwest has come under scrutiny from the state’s building watchdog after serious safety defects were discovered at the site.

Fair Trading NSW has issued the developers of 105 Bella Vista Dr, Bella Vista with a prohibition order following an inspection of the 26-unit complex on May 7.

During the visits, inspectors found sections of walls had been constructed without reinforcement – an essential element to the stability of a building’s structure.

Fair Trading NSW said the defects were discovered in 400mm sections of balustrade walls in a residential component of the mixed used development.

NSW Fair Trading director of building compliance Matthew Whitton said the works failed to compile with multiple building standards.

A photo of the development during earlier construction phases.

The order – issued to developer Bella Vista Village Pty Ltd on Monday – means buyers or tenants will not be able to move in to the development until the works are rectified.

“I am satisfied there is a serious defect in the building and make an order prohibiting the issue of an occupation certificate and the registration of a strata plan,” Mr Whitton said in the order

“I accept that the order will delay … further construction work that is likely to be costly. I also accept that the issuing of a prohibition order will place pressure on the developer.

A concept plan of what the development is intended to look like.

“However, the cost to the developer must be balanced against the benefit to the future occupiers of the building in having the balustrade walls constructed in compliance with the Building Code of Australia and Australian Standards.”

A submission to Fair Trading on behalf of developers stated the company “acknowledged the serious defect in the balustrade walls” and had provided strategies to rectify them.

The submission added that a “prohibition order would create undue pressure on the project” and the company “strongly believes their team are doing the right thing and following the right steps to find a solution to fix the balustrades”.

A photo of the site, at the beginning stages of development works.

In a statement, a spokesman for Bella Vista Village said the company will comply with the Fair Trading Order in “every respect”.

“(Bella Vista Village) will attend to any defects identified in the order so that the strata plan will be registered, and an occupation certificate will be issued as soon as practicable.

“(Bella Vista Village ) are working closely with its builder and project manager to comply with the Order.

“It should be noted that the Order acknowledges that BVV are already taking steps to resolve the defects. Bella Vista Village wishes to assure all of its customers that it is committed to delivering a high-quality project which complies with all relevant building standards and codes.”

Planning records show the three storey development was approved by Sydney West Planning Panel in 2016 and includes two levels of units with 26 apartments and ground level shops.

The $21 million project – also known as ‘Village Green’ – is currently being advertised to future buyers as offering “natural luxury in harmoniously designed garden residences where amenity and modern living unite in a village ambience”.

The building is one of eight developments subject to a prohibition order relating to building defects in NSW.

The orders are in line with legislation prohibiting the issue of an occupation certificate in circumstances including where serious building defects have been identified.