Inside track: Property & Real Estate

In the media

Commonwealth

E-commerce boom has property bankers eyeing warehouses Data centres, hospitals and build-to-rent apartment blocks are the beacons of hope for institutional investors in real estate in 2021 after the sector’s traditional trophy assets – major malls and big city offices – lost some of their lustre through the disruption of last year (14 January 2021). More…

The solar panel ‘fire season’ is getting more intense in Australia A recent report rated Australia as one of the cheapest per kilowatt for solar PV, but it questioned our safety standards. Poor-quality solar rooftop components have led to an expanding list of product recalls (14 January 2021). More…

Office landlords and their ‘exploding’ platform Justin Hatchett had a busy end to the year. After a pause mid-year as the pandemic put the planned moves of many large office tenants on hold, Hatchett’s Green Furniture Hub is once again busy as facilities managers start plan their return-to-office scenarios (13 January 2021). More…

5 trends to expect from the 2021 real estate investment market In its latest research paper into the Australian and New Zealand investment market, global business JLL has said that the unpredictable and uncertain nature of the post-COVID economic recovery will present a diverse range of opportunities and risk for real estate investors this year (08 January 2021). More…

New research finds that new homes in Australia are failing to meet diverse needs New research ‘Urban regulation and diverse housing supply’ has identified the challenges to developing diverse housing types in Australian cities (13 January 2021). More…

Housing market ready to be put to the test in 2021 Australia’s housing market recorded respectable growth over 2020 and with limited stock and strong demand, 2021 should see further price increases (12 January 2021). More…

Australia and NZ remain attractive for foreign RE investors in 2021 The continued attractiveness of Australia and New Zealand’s real estate markets for cross-border investors, helped by higher allocations to real assets and a portfolio re-weighting towards Asia Pacific, has been named as one of the five key themes which will dominate real estate investors’ minds across the region in 2021, according to JLL’s report (08 January 2021). More…

HIA: Detached building approvals go from strength to strength While HomeBuilder was the catalyst for improving consumer confidence in the housing market, the strength of detached building approvals is due to several factors including low interest rates (07 January 2020). More…

Is build-to-rent the next big thing in commercial property? The build-to-rent sector is set for big growth in the Australian market in 2021, challenging our traditional notions of what it means to invest in housing (07 January 2021). More…

Investors will chase commercial property in 202 Offshore investors will continue buying commercial real estate assets in Australia in 2021, with half of global investors surveyed by commercial agency JLL planning to boost their exposure to the transparent market enjoying strong economic growth and low volatility of returns (05 January 2021). More…

Victoria

Works start on Portland’s foreshore redevelopment Works have started on the transformation of Portland’s foreshore into a more vibrant and accessible space for locals and tourists to enjoy (11 January 2021). More…

New suburb for Melbourne’s south east The Andrews Labor Government is ensuring the right infrastructure is in place to support a new community in Melbourne’s south east. This is the first plan to be approved under the Labor Government’s new VPA Fast Track program (02 January 2020). More…

Queensland

Build-to-Rent developer sought to transform former court site Two new affordable housing projects are set to be built in inner Brisbane after the Palaszczuk Government started two more procurement processes under its Build-to-Rent Program (15 January 2021). More…

Clive Palmer accuses Labor of being behind property developer questions The Electoral Commission of Queensland has filed an application in the Supreme Court asking for a ruling on whether former federal MP Mr Clive Palmer is a property developer and therefore banned from donating money to his own political party (14 January 2021). More…

Struggling Brisbane RSL club goes up to avoid going down A vertical retirement village and aged care community is slated to replace Coorparoo RSL sub-branch (13 January 2021). More…

Regional planning review must protect prime ag land Many farmers are concerned the RPI Act in its current form does not provide the level of certainty and strength of protection that is needed to ensure remaining areas of good quality agricultural land are protected from inappropriate development (13 January 2021). More…

Brisbane residents who stayed put after 2011 flood claw back house values Head of research at CoreLogic, Tim Lawless, said by the end of this 10-year anniversary, we’ve seen Brisbane housing values have risen by nearly 23 per cent, but if we look back across the worst-hit flooded markets, they’ve generally risen by about 14 to 16 per cent” (12 January 2021). More…

Five years on and the Federal Government’s much-hyped ‘city deals’ haven’t lost lustre despite funding problems and delays Almost five years into the “city deals” experiment, it is still not clear whether it’s worth the effort after the Federal Government missed its first formal review deadline. Malcolm Turnbull announced the first city deal for Townsville in June 2016 (11 January 2021). More…

Planned 91-storey CBD tower tries to navigate Cross River Rail headache The developers want more time to start the Albert Street tower after its basement edged into the Cross River Rail tunnel’s territory (05 January 2021). More…

Published – articles, papers, reports

Australian Bureau of Statistics 07 January 2020 – Building Approvals, Australia Provides the number of dwelling units and value of buildings approved in the last year. More…

In practice and courts

Commonwealth

API: TIP published – ANZVTIP 14: Considerations when forming an opinion of value when there is a shortage of market transactions The API Standards Steering Committee has approved the release of a new TIP Considerations when Forming an Opinion of Value when there is a Shortage of Market Transactions which is effective from 1 January 2021 with earlier adoption recommended. To download a copy of this TIP click here (06 January 2021).

API: TIP published – ANZVTIP 13: Valuations for Compensation and Compulsory Acquisitions The API Standards Steering Committee has approved the release of a new TIP Valuations for Compensation and Compulsory Acquisition which is effective from 1 January 2021. This paper is an update to and replaces the previous Guidance Note and Practice Standard, ANZVGN5 Valuations for Compulsory Acquisitions and ANZPS1 Valuations for Compulsory Acquisitions, withdrawn 31 December 2020. To download a copy of this TIP click here (06 January 2021).

API: IVSC Agenda Consultation 2020 Following the publication of IVS (effective 31 January 2020), the IVSC Standards Review Board and the IVSC Technical Boards have decided to publish an Agenda Consultation Invitation to Comment paper to consult with stakeholders and other interested parties on future topics to be included in any revisions to IVS. More…

API Member Alert: Code of Ethics and Rules of Professional Conduct The Code of Professional Conduct has been renamed and reclassified as the Rules of Professional Conduct. The Rules are mandatory for all Members and effective from 28 February 2021. Read the new Rules here.

API Reminder: 2021-2026 APIV New Scheme Survey With the APIV Scheme due to expire on 31 August 2021, the API is currently in the process of preparing an application for a new APIV Scheme to commence on 1 September 2021 for a further period of five years. More…

ARNECC Consultation drafts of Model Participation Rules and Model Operating Rules The Australian Registrars National Electronic Conveyancing Council feedback on consultation drafts of the Model Operating Requirements and Model Participation Rules Version 6 will be published in February 2021 and take effect in March 2021.

Australian Bushfires Disaster Emergency Declaration — Understanding your privacy obligations The Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 under Part VIA of the Privacy Act 1988 (Cth), was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020.The emergency declaration expires on 20 January 2021.

NABERS Reminder: Auditors, Supervisors, and Trainers Panel Announced Congratulations to the new Panel Selection for NABERS Auditors, Supervisors, and Trainers, for October 2019-October 2022. Find the full list here.

Announcements, Draft Policies and Plans released 2021

NSW

NSW Revenue: Extension to HomeBuilder Grant On 29 November 2020 the Australian Government Announced an extension to the HomeBuilder program until 31 March 2021 Extension to HomeBuilder Grant.

Registrar General: Timetable to digital survey plans in NSW launched Some important deliverables in the next 12 months are: July 2021: Surveyors will be able to create survey plan workspaces in the NSW Land Registry Services (LRS) portal and pre-fill titling documents online. End of 2021: Move to 100 per cent online lodgment along with new NSW LRS portal tools that make it easier for surveyors to lodge digital survey plans. More…

Have your say on changes to how building design and construction is regulated in NSW The development of supporting regulations is the next step on delivering on this piece of the Government’s building reform agenda, with the scheme commencing on 1 July 2021. The Design and Building Practitioners Regulation commences on this date. More…

Queensland

25 local government areas to receive new land valuations in 2021 Landowners in 25 Queensland local government areas will receive new land valuations in March 2021. The 2021 valuation program will involve approximately 261,000 properties, representing approximately 59 per cent of the total land area of Queensland 25 local government areas to receive new land valuations in 2021.

Brisbane Knowledge Corridor and Precinct Renewal Strategy Brisbane City Council has finalised the framework for Brisbane’s Knowledge Corridor which focuses on renewal opportunities in Brisbane’s inner city and the emerging knowledge corridor that runs in alignment with proposed Brisbane Metro and Cross River Rail infrastructure (December 2020).

Planning support during COVID-19 The Queensland Government has further extended the COVID-19 applicable event provisions in the Planning Act 2016. The emergency changes to the Planning Act 2016 and the Economic Development Queensland Act 2012 are now a permanent part of our planning framework, providing flexibility to respond to not only COVID-19, but also to floods, bushfires, cyclones and other disasters. The effect of these powers is temporary and only applies for the duration of the declared event. These provisions commence when the Minister for Planning declares that there is an event, such as a public health emergency or a natural disaster that will affect state interests. More…

Safer Buildings program enters final stage The QBCC is administering the three-part Safer Buildings program to understand the extent of combustible cladding use in Queensland’s private buildings. The Safer Buildings program has advanced considerably with Part 3 of the combustible cladding checklist now underway. The deadline for building owners to finalise the Part 3 assessment is 3 May 2021. More…

Consultations Burdekin Falls Dam Raising project draft terms of reference for an environmental impact statement. Closes 29 January 2021 CopperString Project – draft environmental impact statement Closes 12 February 2021 Urannah Project draft terms of reference for an environmental impact statement. Closes 29 January 2021 Inland Rail – Calvert to Kagaru project – draft environmental impact statement Closes 8 March 2021

COVID emergency measures extend to 30 April 2021 The recently re-elected Queensland Government has introduced a Bill to extend the operation of COVID emergency measures until 30 April 2021. More…

Support for the Gold Coast’s Express DA Service The City of the Gold Coast has announced a range of incentives to support the property industry. The City of Gold Coast is introducing a new fast track service, called Express Development Application which will replace the existing RiskSmart service. As part of the City’s economic support during COVID-19, the City is offering a 50 per cent discount on Express DAs for 12 months (from 27 October 2020 to 27 October 2021). More…

Build-to-Rent Update – Approved Projects The Queensland Government has approved two Brisbane-based affordable housing projects by developers. It is anticipated construction will commence mid-2021 following the finalisation of designs for the projects, with operations expected to commence in 2023. More…

PCA: Land Tax Relief extended As part of its COVID-19 Fiscal and Economic Review the Queensland Government has announced a 25 per cent land tax rebate is available for eligible properties for the 2020-21 assessment year. The due dates for applications for the land tax rebate are: 2019-20, applications close on 31 October 2020 and 2020-21, applications close on 26 February 2021.

Modernised body corporate regulations to start in March 2021 The Queensland Government has finalised a modernised set of corporate regulations to take effect from 1 March 2021 which will streamline and modernise body corporate procedures, reduce body corporate costs and enhance protections for unit owners. More…

Community titles changes for COVID-19 period The Justice Legislation (Covid-19 Emergency Response – Community Titles Schemes and Other Matters) Regulation 2020 allows for more measured to support the community titles sector in Queensland to ensure that the meeting does not contravene a public health direction. More…

Cases

PS Market Pty Ltd v Brijcam Nominees Pty Ltd (Building and Property) [2020] VCAT 1468RETAIL LEASES-INJUNCTION–no serious question to be tried concerning the right of the respondent landlord to forfeit the lease by re-entry–Covid-19 legislation found not relevant to the right of the respondent landlord to do so, there being no serious question concerning the proposition that the lease is not an “eligible lease” within the meaning of the Covid-19 legislation. RELIEF AGAINST FORFEITURE–found not to be a case regarded as exceptional as would justify the refusal of an order granting relief against forfeiture–relief against forfeiture granted. TERMS OF GRANTING RELIEF AGAINST FORFEITURE–given no serious question as to the proposition that the lease is not an “eligible lease” within the meaning of the Covid-19 legislation, no basis found for granting relief generally in accordance with Covid-19 principles: Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996 distinguished.

Yates & Anor v Littlee Properties Pty Ltd [2020] QCAT 508LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – QUIET ENJOYMENT – where area of tenancy in dispute – meaning of immediate surrounds – where earthworks impacted quiet enjoyment Queensland Civil and Administrative Tribunal Act 2009 Qld s 11, s 13, s 102, Schedule 3 Residential Tenancies and Rooming Accommodation Act 2008 Qld s 11, s 12, s 94, s 416, s 419, s 420, s 429

Cases to 11 January 2021

Knox v Body Corporate for 19th Avenue CTS 6625 [2020] QCAT 497HUMAN RIGHTS – DISCRIMINATION LEGISLATION – INDIRECT DISCRIMINATION – where applicant has partial loss of her body function and relies on the assistance of a wheelchair – where contentions of indirect discrimination – where term imposed that applicant be required to traverse stairways and use a hydraulic door with fob – whether term was reasonable – whether discrimination was permitted under the Anti-Discrimination Act 1991 (Qld) – whether discrimination permitted on grounds of unjustifiable hardship – whether orders should be made under s 209 of the Anti-Discrimination Act 1991 (Qld) Acts Interpretation Act 1954 Qld s 14A Anti-Discrimination Act 1991 Qld ss 5, 11, 46, 83, 204, 205, 206, 209 Body Corporate and Community Management Act 1997 Qld s 94 Body Corporate and Community Management (Accommodation Module) Regulation 2008 Qld ss 161, 163, 167 Disability Discrimination Act 1992 Cth

Kirk & Anor v Sunshine Developments (Vic) Pty Ltd [2020] QCAT 493LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS – OTHER MATTERS – whether an interim order should be granted restraining the lessor from taking an alleged prescribed action during the response or extension period – whether damages an adequate remedy COVID-19 Emergency Response Act 2020 Qld ss 4A, 23, 25 Queensland Civil and Administrative Tribunal Act 2009 Qld s 58

Legislation

Commonwealth

Act Compilation

Airports Act 199615/01/2021 – Act No. 42 of 1996 as amended Meaning of core regulated airport – 7A Transfers and acquisitions by way of the enforcement of a loan security; 7B Meaning of joint-user airport; 7C Giving information and the Electronic Transactions Act

Regulations

Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 202108/01/2021 – This instrument exempts the specified dish drawer dishwashers supplied by Fisher and Paykel Australia Pty Ltd (F&P) from the requirement to use the detergent prescribed in section 2 of AS/NZS 2007.2:2005 for conducting tests as required under subsection 7(3) of the Greenhouse and Energy Minimum Standards (Dishwasher) Determination 2015, and instead require the use of the IEC D detergent formulation.

Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 2) 202008/01/20201 – This instrument specifies, for the purposes of subsection 8(1) of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, the fees payable in relation to applications under section 41 of the Greenhouse and Energy Minimum Standards Act 2012 to register models of GEMS products

Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination 202008/01/2021 – This instrument determines the Minimum Energy Performance Standards level and testing requirements for air conditioners above 65 kilowatts rated capacity for the first time.

Queensland

Acts

COVID-19 Emergency Response and Other Legislation Amendment Act 2020 Section 39 and Schedule 1 commence on 1 March 2021. Schedule 1 amends the regulation modules under the Body Corporate and Community Management Act 1997.