Lewisham: Developers ordered to fix defects at McGill St site after building watchdog inspection

The developer behind a major apartment complex in Sydney’s inner west has been ordered to fix “serious defects” at the site, including inadequate fire safety and waterproofing works.

A photo of the site during early construction phases.

A major unit development in Sydney’s inner west has come under scrutiny from the state’s building watchdog after serious defects, including inadequate fire safety and waterproofing works, were discovered at the site.

A building work rectification order has been issued by Fair Trading NSW to developer McGill Street Investments Lewisham following an inspection of the 39-unit complex at 17-21 McGill St.

Fair Trading NSW issued the order on April 6 along with a separate prohibition order.

The prohibition order means no residents can move into the development until the defects are fixed and the order is revoked by Fair Trading NSW.

The inspection identified eight separate defects including 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.

A concept image of the development lodged during early planning stages.

Other defects included a swinging door that opened too far into a passageway, fire hydrant outlets positioned too low on floors, inadequate drainage on an apartment balcony and a gas hot water heater installed in a switchboard room.

Fair Trading states the defects relating to smoke detectors meant they would fail to trigger at the earliest opportunity in the event of an emergency. The positioning of fire hydrants meant firefighters would not be able to effectively attach equipment in the event of a fire.

A concept image of the completed development

The location of gas hot waters in the switchboard room also meant power supply to fire safety systems could be cut off in an emergency situation and therefore result in potential “fire risk to life and property”.

The order states the defects were breaches of Australian building standards relating to fire safety and weatherproofing.

NSW acting building commissioner Matthew Whitton has given McGill Street Investments up to four months to fix the defects and ensure the building meets compliance standards.

“I accept that the order requires specified actions that are likely to be costly,” he said. “However, the cost to the developer must be balanced against the benefit to the occupiers to be gained from identifying the specific building work that will eliminate the serious defects.”

The development comprises six levels of apartments along with commercial retail space and underground carparking near the Lewisham West Light Rail station.

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.

This publication contacted the director of McGill Street Investments for comment but did not provide a response at the time of publication.