This article includes an example of the new statutory duty of care protection that property and strata owners now enjoy. By the reasons of this decision, there is a real and potential argument that “building work” to which the statutory duty of care applies (under section 36 and 37 of the DBPA) is not strictly restricted to class 2 or part 2 buildings but can also apply to the broader meaning of “building” under the EPAA.
An example of how the new duty of care protection works in favour of property and strata owners in the Courts
What are some examples of the new statutory duty of care protection that property and strata owners now enjoy, I hear you ask? Well, you are in luck. Below is one example that we have come across recently: [...]