The Building Commission said this block was ‘at risk of collapse’. No one will tell you how it’s being fixed

The developer of a Macquarie Park apartment block found to be at risk of long-term collapse if major structural issues were not addressed has refused to outline steps it has taken to fix the problem, and halted the government from releasing key documentation.

Almost one year after Building Commission NSW issued a work rectification order for 23 Halifax Street, a remediation building company that promises to repair concrete to “look good as new” is filling cracks in the concrete slab and repairing joints in the basement.

The development at 23 Halifax Street, Macquarie Park.Credit: Brook Mitchell

Residents began moving into the apartment block in late 2020, but last January Building Commission NSW issued a work rectification order for the multi-unit complex in Sydney’s north, developed by Chinese-led developer Greenland Australia and built by now-defunct GN Constructions.

The commission had discovered “serious damage and spalling of the concrete slab at the joint locations in basements and the ground floor” which could eventually impact the structure’s ability to “withstand the car park and ground floor loads”. Spalling is when concrete breaks off in chunks or flakes from its body.

The commission made it clear there was no immediate risk to residents and any threat of collapse was long-term, but the agreement it reached with the developer to rectify the issues has been shrouded in secrecy.

First, the rectification order was removed from the Building Commission website in June last year. This is common when developers enter into legally binding undertakings.

But, unlike other undertakings, the agreement was not published on the commission’s website. (An acknowledgment that one exists is visible.) When the Herald in August sought a copy of the document under freedom of information laws, the agency agreed to release a redacted version, and said releasing it in full would expose the strategies the commission used to bring developers into line.

Before the commission could release it, Greenland in November appealed against revealing any information. Neither the commission nor Greenland would reveal the grounds for the appeal. But the commission rejected that appeal, and the company has until March to appeal to an external ombudsman.

The delay means the public will not have access to the undertaking concerning the state of their building until more than a year after the work rectification order was issued.

Developer refuses to reveal fixes

The developer has also declined to answer questions from the Herald about how it has sought to fix the problem.

In a statement in response to detailed questions about the nature and timing of the remediation works, Greenland Australia spokesperson Kym Cheek said: “Greenland’s third-party engineering consultants expect to complete their localised rectifications by the end of January 2025, in line with the works program provided by the Building Commission. Regular site meetings have been held with the Building Commission and the works are in the final stages of completion.

“Greenland engaged several third-party engineers to assess the situation as soon as it identified a possible issue. This was well before a rectification program was provided by the Building Commission. The engineers did not find any major structural defects in the concrete or risk of building collapse.”

Greenland did not identify what the works program was, or who was involved in the remediation work. When asked for details about the repairs, Cheek said: “Greenland will not provide further commentary beyond what it has already provided. If you require more detail, please contact the Building Commission, which is across the issue.”

Building Commissioner James Sherrard, who replaced inaugural commissioner David Chandler in October, declined an interview. His agency, Building Commission NSW, also failed to provide information about the fixes, saying it was the responsibility of the developer to communicate how it would fulfil the undertaking.

Building Commissioner James Sherrard declined an interview, and Building Commission NSW did not answer specific questions about the repairs.Credit: Janie Barrett

The commission did not answer questions from the Herald about whether Greenland had complied with the undertaking, what was done to fix the problems, whether it knew if the work had been completed, or if any action had been taken against the certifier who had signed off on the slab and building.

In a written response provided by a spokesperson, Sherrard said he had conducted “a limited site inspection focusing on the defect areas”.

“While I understand the frustration residents must feel with the process, rectifying structural defects can take time, especially when a building is already occupied,” he wrote.

“Once the developer has deemed the rectification works are complete, Building Commission NSW will be notified and a final inspection of the remediation works will take place. Following the inspection, the Building Commission NSW inspector will verify that the work complies with the requirements of the undertaking.”

A spokesperson added: “There is no current risk to residents who live in the Macquarie Park premises from the defects.”

What we found

A walk through the public area of the car park and basement, which is open to patrons of the above shopping centre, reveals hints of the work undertaken.

CJ Duncan, a building company specialising in remediation work, has an office in the car park, and work appears to match a description of fixes posted on the building company’s website last year.

Remedial builder CJ Duncan has a site office and construction area within the basement at 23 Halifax Street, Macquarie Park.Credit: Anthony Segaert

“CJ Duncan is making great progress on the concrete remedial works at 23 Halifax St, Macquarie Park,” the November blog post read. “The project focuses on corbel repairs, concrete spalling, crack injections, joint repair, and soffit strengthening.” Corbels are structural pieces emerging from walls that support a weight above.

The view inside the affected basement at 23 Halifax Street, Macquarie Park.Credit: Anthony Segaert

CJ Duncan staff were not on site when the Herald visited and did not respond to multiple requests for comment.

Selling at a loss

The complex is across the road from North Ryde metro station, a 17-minute trip to the city. Some apartments in the complex have fallen in value. One apartment was sold for $691,800 in September last year, down from the $738,000 it was sold for in November 2020.

Another listing for a unit sold just before Christmas describes the “true urban oasis” as one created by “astute developer Greenland Australia”. The “prestigious new apartments” had the “highest standard of finishes”, the listing said.

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