Seven months after passing Tasmania's parliament, laws giving protection to home owners are still not in force
Sonia Gardner in her defective house at Primrose Sands, Tasmania (ABC News)
Building their dream waterfront home was supposed to begin a new stage of life for Kevin Haley and Sonia Gardner.
But instead of giving the blended family of six more room to move, the two-storey home full of defects has taken a huge emotional toll.
“I don’t particularly like coming here, it’s just a foul taste for me to come here knowing how we wanted this to be and how it’s turned out,” Mr Haley said.
A building surveyor report listed 47 issues with the build, and the couple was given quotes of $2.4 million to rebuild it a few years ago.
The couple said a settlement with the builder only covered their expensive legal bill, meaning their only option is to demolish the house.
“I’ve started to pull little bits off … but I’ve got to get a 20 tonne excavator here and push it over,” Mr Haley said.
At his lowest point, Mr Haley considered taking his own life.
Two years on, he said he would probably build a smaller house on the property, if he could afford to, but has also considered other options.
“I’ve actually thought about leaving the state because we don’t feel the government is here for the people of Tasmania, so that’s crossed our mind,” Mr Haley said.
“They said seven months ago they’d implement [the laws] immediately.
“The premier said he would call me … that was in parliament, on record … I am still waiting for that phone call.”
Protections still not in place
Laws giving protection to home owners who fall victim to incomplete or defective builds passed Tasmania’s parliament last year.
The changes mean disputes between consumers and building contractors would be handled by the Tasmanian Civil and Administrative Tribunal, rather than through expensive private legal processes.
The time window to identify defective work will also be extended.
But seven months after the laws passed, they have not been proclaimed by the government, which means they are still not in effect.
Labor building and construction spokesperson Jen Butler said there was no excuse for the delay, and the new laws needed to take effect immediately.
“It is so disrespectful, especially after people like Kevin and Sonia were prepared to share their story on a very public level — they were absolutely pushed to the absolute brink,” Ms Butler said.
“We’re calling on the government, and especially the minister, to step up, show some respect and put the legislation which has already been passed by both houses of parliament and given royal assent to use immediately.”
A Consumer Building and Occupational Services (CBOS) spokesperson said the organisation was working with stakeholders, including the Tasmanian Civil and Administrative Tribunal, to ensure the new protections could be enforced.
“The new provisions will be proclaimed as soon as possible once that capacity is in place,” the spokesperson said.
“While this work is ongoing, the building and disputes team within CBOS’ compliance and dispute resolution unit continues to attend to building enquiries and complaints from consumers, local councils and builders.”
Early election increases need for urgency
With Premier Jeremy Rockliff saying on Sunday he was “actively considering” asking the governor for an early election, there is a chance the bill may not be proclaimed before Tasmanians head to the polls.
Under that scenario, the bill would suffer the same fate as legislation that had not been debated or voted through both houses of parliament, and would need to go through the parliamentary process all over again before it could become law.
For Mr Haley, who spoke out to stop others from having to go through what his family did, the delay is “heart wrenching”.
“I think if there was some kind of state protection, Tasmania would be a much better place to come and build and live, because at the moment there is absolutely nothing,” he said.
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