NSW Building Commission yet to fine developers for defect non-compliance
The Building Commission NSW has not issued any fines to developers found non-compliant with defect rectification orders (BWROs) for faulty apartment buildings. Since the Commission began issuing BWROs, at least 60% of 208 orders remain unmet, despite non-compliance being a criminal offence with penalties of up to $110,000 for individuals and $330,000 for corporations.
Majority of rectification orders remain unresolved
As of July 2025, the majority of defect orders affecting apartment developments have not been fulfilled. Only one prosecution was initiated last month, and no fines have been paid by developers, raising concerns about the effectiveness of current enforcement measures.
Homeowners left to pursue costly legal action over safety defects
Homeowners impacted by ongoing fire-safety and structural defects have been forced to undertake independent legal action to seek repairs and compensation. Many cite a lack of enforcement focus from the Building Commission and regulators, leaving residents to bear the burden of unresolved building issues.
Commission promises further enforcement and potential prosecutions
In response to criticism, the Building Commission NSW states that it continues to assess additional enforcement, licensing actions, and potential prosecutions against non-compliant developers. However, consumer advocates argue that more decisive action is needed to protect homeowners and restore confidence in the state’s apartment market.
Calls for stronger regulation and enforcement in apartment sector
The situation has prompted calls from industry leaders and consumer groups for stronger regulatory oversight and more robust penalties for developers who fail to comply with defect rectification orders. Ensuring accountability is seen as critical to improving building standards and safeguarding buyers.
