Representation to the Minister for Commerce about Niche Living proposed solution

The Hon. Sue Ellery MLC
Minister for Commerce
12th Floor, Dumas House 2 Havelock Street
WEST PERTH WA 6005

By email: Minister.Ellery@dpc.wa.gov.au

C.C: The Hon. John Carey MLA
Minister for Planning, Lands, Housing and Homelessness;

Via E-Mail: Minister.Carey@dpc.wa.gov.au

C.C: The Honourable Roger Cook MLA
Premier of Western Australia

Via E-Mail:
Roger.cook@mp.wa.gov.au
wa-government@dpc.wa.gov.au

Dear Minister

RE: NICHE Living

In its representation to you on 12 August, the Home Builders Action Group [HBAG] foreshadowed the difficult position that would result if NICHE succeeded in setting aside the Building Commission’s decision to remove its Building Licence. The concern was that if NICHE was successful in retaining its licence there would be no basis for paying indemnity insurance.

Now, the decision of the State Appeals Tribunal to stay the Commission’s decision appears to have precipitated that position.

Following the SAT decision, HBAG has resumed discussions with NICHE.

HBAG believes that NICHE will seriously consider dropping its legal action and surrendering its Building Licence provided an acceptable rescue package is put together to:

1. Ensures homes are completed quickly and without controversy by a panel of
reputable builders prepared to participate in the completion programme;
2. Requires NICHE to contribute to the cost of the solution;
3. The Housing Indemnity Insurance is used for the purpose for which it is
intended; and the
4. Damaging and uncertain path of legal conflict and resultant liability is avoided.

HBAG’s view is based on discussions it has had with NICHE and with a number of reputable builders who would be prepared under agreed circumstances to complete the homes left unfinished by NICHE.

HBAG now requests a meeting with you or your advisers to detail its proposed solution to NICHE’s well publicised problems.

As HBAG said in its previous representation, it acknowledges the size of the task – it will be necessary to understand the various stages at which different homes are stalled and the best way forward to complete those builds quickly and in a cost effective manner.

HBAG looks forward to your advice about the meeting it requests to progress this matter.

Best wishes
Yours sincerely

Damien D’Ascenzo

DEPUTY CHAIRMAN – HBAG
Home Builders Action Group
damien@hbag.com.au
0403 066 028