Representation to the Minister for Commerce about Niche Living

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 – A Solution

The Home Builders Action group [HBAG] has now completed detailed, preliminiary enquiries into the position of NICHE Living (NICHE) including in depth discussions with that company’s Principal.

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

The first priority of the solution proposed by HBAG is the early completion of the 200 plus homes that remain unfinished, in the most efficient and cost effective manner.

To this end, HBAG has impressed on NICHE that it should agree to step back from its legal action aimed at preventing its licence being taken from it. HBAG understands the 2019 Ammendment to the Act which triggers the payment of indemnity insurance but is very concerned at the situation that will prevail if NICHE’s legal action is successful and it retains its licence.

In other words, if NICHE is successful in retaining its licence there will be no basis for paying indemnity insurance.

HBAG believes that NICHE can be persuaded to cease its legal action as part of a package that:

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

HBAG 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. The alternative appears to HBAG to be to leave things to an uncertain legal outcome impacting liability if insurance is paid and NICHE retains its licence.

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

Best wishes

Damien D’Ascenzo

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