Modern Australian
Men's Weekly

.

Lack of information on apartment defects leaves whole market on shaky footings

  • Written by Martin Loosemore, Professor of Construction Management, University of Technology Sydney

The litany of defects, poor building standards and regulatory failures has serious implications for apartment owners, occupiers and buyers alike. Fears of a loss of confidence in the sector have unfortunately come true. Our research suggests a lack of reliable information about building defects is a critical factor in the crisis.

Read more: Would you buy a new apartment? Building confidence depends on ending the blame game

About a year ago, we started a research project with six industry partners in New South Wales entitled Cracks in the Compact City: Tackling Defects in Multi-Unit Strata Housing. The context is compact city planning policies and a rapid shift towards apartment living in Australian cities.

The urban development strategies of NSW and other states rely on higher-density cities with many more multi-unit strata title dwellings. The human and economic impacts of the building defects crisis could undermine these strategies.

Even with our resources, obtaining data on the extent and nature of defects in NSW apartment buildings has been a challenge. Individual buyers and owners must face even greater obstacles.

This lack of access to information poses a clear challenge to the principle of “buyer beware” that underpins property sales. The imbalance it creates between buyers and sellers is a prime example of what economists call “information asymmetry”.

Why does this matter for the whole apartment market?

Nobel laureate George Akerlof explained how the price and quality of goods traded in a market affected by information asymmetries tend to gradually reduce to the point where only lowest-cost “lemons” remain. When buyers can’t tell the difference between products of good and bad quality, they typically prefer the cheapest available. This forces higher-quality products out of the market.

Sellers can also exploit this situation to hide poor-quality products from consumers. They might even charge the same as competitors selling higher-quality products.

While some unscrupulous sellers might profit in the short term, overall profits fall for everyone as confidence and links between price and quality are undermined. Ultimately, the entire market can collapse.

Read more: It's not just the building cracks or cladding – sometimes uncertainty does even more harm

The risks are highest in markets with these two features:

  • sellers are not rewarded for delivering information to buyers or cannot disclose it effectively
  • buyers cannot discriminate between the quality of different products, as is often the case in apartment developments.

These problems are more likely when buyers cannot easily inspect products at the time of sale – as with apartment units bought off the plan.

When a vendor sells a product to multiple buyers, again typical in apartment developments, that can multiply the impact of information asymmetries.

The buyer of a standalone house might be able to make the sale conditional on an independent inspection of the entire building. But such clauses are very difficult to negotiate in off-the-plan sales for apartments in multi-unit buildings.

It would also be too costly for each buyer to commission such an inspection. Buyers are unable to organise a joint inspection of the building until after they have settled, which greatly increases their risk. While NSW’s new defects bond scheme does require an inspection, it happens after ownership is transferred.

The negative impacts for buyers have spill-over effects as information asymmetries mean risks are perceived to increase across the entire apartment housing sector. Negative publicity, such as the flammable cladding and defects scandals, can cause values to fall market-wide, regardless of the quality of individual developments. At the same time, finance and insurance costs increase.

Read more: The big lesson from Opal Tower is that badly built apartments aren't only an issue for residents

The issue persists for subsequent buyers too. Information about defects is often unavailable due to poor record-keeping or confidentiality agreements. Ironically, this adds to the information asymmetries that contributed to the problem in the first place.

What can we do about the problem?

To reduce information asymmetries, sellers and buyers tend to engage in two main types of behaviour: signalling and screening.

Signalling involves sellers flagging the higher quality of their products to buyers indirectly. For example, a reputable developer may use warranties and brands or quality marks, certificates and awards as a sign of their high-quality work. Buyers may well be prepared to pay more for higher-quality products that won’t cost more in the longer term.

Crucially, signalling only works if the signal is credible. At present, there are no construction-specific quality certifications and warranties, only generic standards such as the international ISO 9001: 2015. And the administrative burden and costs of independent third-party certification make it unviable for many small companies. So instruments like ISO 9001 are likely of very limited value for effective signalling in the apartment sector.

The NSW Building Commissioner is supporting an industry rating system that will enable better signalling. Data mining will be used to identify risky players and phoenix operators. It should take effect in the apartment sector by 2021.

Screening involves buyers investing time and resources to uncover the likelihood of defects. This includes examining available records and the behaviours of sellers and their representatives. But this adds to buyers’ costs, which disadvantages them in the marketplace.

Stakeholders in the building development process should be compelled to release this information. NSW’s new law on off-the-plan contract sales will increase sellers’ disclosure obligations and provide stronger protections for buyers. Importantly, sellers will have to identify material changes made during the development process at least 21 days before settlement.

A similar requirement involving an independent expert building inspection would help buyers better understand the risk of defects before they finalise their purchase.

Read more: Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?

Another positive move is the requirement in the new Design and Building Practitioners Bill for declared designs and as-built drawings to be lodged with the government. The Building Commissioner has said these will be made available on an easy-to-access platform.

This would enable buyers to check information as the development progresses, before the crucial building handover. It’s a step towards creating a “digital twin” for everyone licensed to perform construction work, making it easier for the public to check their record.

While the devil is likely to be in the detail, the NSW government is on the right track in tackling the information asymmetry problem. However, the various information gatekeepers will still have to be persuaded – or required – to release information they have long withheld in their own interests.

Authors: Martin Loosemore, Professor of Construction Management, University of Technology Sydney

Read more http://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007

5 Simple Home Modifications to Support Occupational Therapy Goals

Every year, thousands of Australians face mobility challenges, chronic pain, or sensory issues that make daily tasks difficult. Simple changes at ho...

The Cost of Converting a Shipping Container into a Liveable Space

Container conversions often require more planning and labour than expected Early costs include foundations, framing, and structural reinforceme...

Marriage Celebrant for Modern Lovers Who Want Something Different

Many couples today feel pressure to follow the same wedding traditions their parents or grandparents did. They might sit through long ceremonies that ...

Why Everyone’s Signing Up for Fitstop’s 6-Week Challenge (Again)

Hint: It’s not just for the gains. Somewhere between the endless TikTok fitness hacks and the unrealistic “30-day shred” promises, we forgot ...

The Mental & Financial Benefits of Minimalist Caravan Travel

Minimalist caravan travel has grown in popularity, not just for its practical appeal but also for the sense of freedom it brings. With the rise of c...

Sydney Property Lawyers: Your Complete Guide to Smooth Transactions

Navigating the Sydney property market can feel like traversing a minefield, can't it? The process, laden with legal jargon and complex procedures, o...

Electrician Perth: Your Go-To Guide for Home Electrical Safety

When it comes to keeping your home safe and sound, electricity is something you simply can't afford to ignore. Faulty wiring, outdated switchboards...

Why More Homes and Businesses Are Choosing an Electric Sliding Door

Convenience, aesthetics, and technology often go hand in hand when it comes to architectural choices. One solution that delivers all three is the el...

Real Estate Rubbish Removal That Keeps Properties Market-Ready

When it comes to real estate, presentation is everything. Whether it’s a property for rent or sale, first impressions count. Cluttered backyards, ...

Real Estate Rubbish Removal That Keeps Properties Market-Ready

When it comes to real estate, presentation is everything. Whether it’s a property for rent or sale, first impressions count. Cluttered backyards, ...

Ironman 4x4: Building Complete Suspension Systems for Australia

The name Ironman 4x4 resonates throughout Australia's 4WD community, particularly when discussing Ironman suspension solutions. This Australian bran...

Pontoon Boats - The New Must-Have for Luxe Canal Homes

If you are living on a canal in Australia, you are already living the dream. But living near the water without a boat is like owning a horse without...

Perth Airport Transfers: Choosing the Right Service

Touching down in a new city can be exciting, but let's be honest, it can also be a bit stressful. After a long flight, the last thing you want to wo...

How to Save Smart: Cheapest Travel Insurance for Schengen Visa without Cutting Corners

Picture this: you’ve found a last-minute flight to Milan, your hotel booking comes with breakfast and a rooftop view, and your itinerary is ready ...

Keeping Lone and Remote Workers Safe: Employer Duties and Practical Solutions

In Australia, thousands of employees work alone, in remote locations, or in direct contact with the public every day. While these roles are critical...

How Your General Dentist Supports Your Smile Over a Lifetime

A healthy grin is more than just a desirable feature; it reflects overall health, well-being, and self-esteem. Our oral health needs evolve from chi...

A Brighter Smile in Sydney: Expert Cosmetic Dentists and Veneers Solutions

A confident smile can open doors, boost your self-esteem, and leave a lasting impression. In Sydney, more people than ever are turning to cosmetic den...

How To Keep Vase Flowers Fresh Through Australia’s Coldest Months

Winter flowers develop slowly, which gives them stronger structure and longer vase life Heat from indoor environments is the biggest threat to th...