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Posted: 2023-07-14 21:09:59

Brian Tucker is forking out thousands of dollars on quarterly strata fees and paying down his mortgage on an apartment that's been uninhabitable for more than four years. 

The Sydney surveyor owns one of the 130 apartments in the defect-plagued Mascot Towers that have been unoccupied since 2019 when cracks were found in the basement.

And while the Mascot Towers saga helped bring systemic issues in the NSW construction industry into clear focus, Mr Tucker's life remains on hold.

"It's just a nagging thing in my brain all the time, and it's four years and we're still bashing our heads against the wall," Mr Tucker said.

"When I tell people I had the penthouse there, they just shake their head and go, 'you poor bastard' because it's not changed, and the building's unoccupied except for a few shops downstairs.

"Plus now, I'm paying rent so it's just lucky I've got a job, I'm lucky I'm not working for myself because I'd be buggered. And I'm falling behind."

a man standing outdoors with his arms folded looking a the camera

Surveyor Brian Tucker owns one of the 130 apartments in the defect-plagued Mascot Towers. (ABC News: Gavin Coote)

As the NSW government pushes for more housing density in Sydney, questions about the quality of new apartment buildings have re-emerged after major developer Toplace went into administration.

Game of 'Russian roulette'

So far this year NSW Fair Trading has issued more than 30 work rectification orders across building sites, including The Laneways Rosebery, which remains empty and has serious structural defects, and Toplace's Vicinity complex in Canterbury over "potential serious defects".

Administrators appointed to Toplace estimate about 600 creditors have been impacted by its financial woes and residents at the Vicinity complex now fear they'll have to foot the multi-million-dollar repair bill.

Leith Dawes, an engineer who owns an apartment at Vicinity, said despite reforms in the building industry since the Mascot Towers saga, it remained a game of "Russian roulette" when buying off-the-plan.

"When it comes to really complex severe systemic defects, it's just well beyond the average person to be able to size-up their building," Mr Dawes said.

"I don't think that's something that an owners' corporation should be left to handle."

a man standing in a balcony of a huge apartment complex

The company behind the Vicinity apartments, Toplace, is in administration. (AAP: Joel Carrett)

For tenants, who make up half the state's strata residents, repairs and maintenance remains "one of the biggest issues" according to advocates.

Leo Patterson Ross from the Tenants' Union of NSW said it was likely that Building Commissioner David Chandler would identify structural issues with yet more apartment complexes.

"There's a lot of work to do. I suspect that there's a lot of buildings that haven't yet been properly treated for all of their issues, but hopefully there's not too many that are at real imminent risk of collapse," he said.

"Although he's identified more than a few that are now on his various registers for either remediation required or people can't live there anymore.

"This issue arises because we haven't been treating housing as an essential service that needs quality control and consideration of the regulatory structure all the way along the line."

a man wearing glasses looking at the camera and smiling

Leo Patterson Ross says housing should be treated as an essential service requiring quality control. (Facebook: Tenants' Union of NSW)

Reform 'a very slow boat to turn'

Those working on the coalface in fixing and preventing building defects are adamant about how much the regulatory landscape has changed since Mascot Towers.

Alongside new powers given to the Building Commissioner, a five-star rating system for builders and developers called iCIRT and 10-year defect insurance for apartment buildings is now in place.

Ross Taylor, a specialist consultant who works on fixing major waterproofing problems, said it was becoming much harder for bad builders to operate in the new environment.

"We've come a bloody long way," Mr Taylor said.

"There has been more achieved in positive regulatory reform in the building industry with regard to quality, or the end result for consumers than had been achieved in the previous three decades."

a man with a  beard wearing a suit sitting down and looking at the camera

Chris Duggan says while the reforms aren't perfect they are significant. (ABC News: Gavin Coote)

Strata Community Australasia president Chris Duggan agrees it's an "imperfect" system, but argues there had been serious improvements in recent years.

"It's a very slow boat to turn but those green shoots are there," Mr Duggan said.

"When you compare the landscape as it was three or four years ago when those catastrophes occurred in Mascot and Opal towers to where we are now, I don't think you can compare them because we have moved so far.

"You can never say never that we're not going to see another repeat … there are always circumstances where buildings may not be maintained the way they're intended but I don't think we'll see the quality issues we've seen historically."

Mr Duggan was among a panel of industry figures who helped design the insurance product that covers defects such as waterproofing and structural faults for the first 10 years after completion.

He said it put the onus on insurers and developers to ensure there were stringent checks on quality through the entire construction phase.

"That's the key. Once we get builders and developers and consumers on the same page around what is a quality project and developer, then we can see those products start to be built off the back of them," he said.

"We're seeing that consumer sentiment turn. But that doesn't mean that there hasn't been some legacy issues which of course [causes] pain."

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