Once off-the-plan sales commence and construction is underway, many developers assume the heavy lifting is done. Contracts are exchanged, buyers are committed, and the project is moving forward.
In reality, this phase — In Disclosure & Under Construction — is where some of the greatest risks to a development can emerge.
This is the period where vision meets reality. Designs evolve, market conditions shift, regulatory frameworks change, and practical decisions must be made on site. Each of these changes can have a direct impact on body corporate disclosure, budgets, governance and, ultimately, the enforceability of contracts already signed.
With the SSKB Developer Consultancy Team (DCT), this phase is about protecting what has already been sold — while retaining the flexibility needed to deliver the best possible outcome for the project.
Why Change Is Inevitable During Construction
No development remains static from concept to completion.
Even the most thoroughly planned projects encounter change due to factors such as:
- Shifting market demand
- Construction efficiencies or constraints
- Supply chain issues
- Updated development approval conditions
- Legislative or regulatory changes
The key is not avoiding change — it is managing change correctly.
Common Changes That Impact Body Corporate Disclosure
During construction, developers frequently consider changes that have direct body corporate implications.
1. Apartment Reconfiguration
Market demand may shift toward larger apartments or different configurations, leading to:
- Amalgamation or subdivision of lots
- Changes to total lot numbers
- Reassessment of contribution and interest entitlements
These changes can flow through to budgets, levies and governance arrangements.
2. Facility and Amenity Adjustments
Facilities may be modified due to:
- Engineering refinements
- Cost efficiencies
- Buyer preferences
Examples include changes to:
- Pools and rooftop amenities
- Gyms or communal spaces
- Landscaping scope or materials
Even seemingly minor facility changes can alter operating costs and must be assessed carefully.
3. Services and Plant Optimisation
As construction progresses, advances in technology or design efficiencies may allow:
- Smaller plant footprints
- More efficient air-conditioning or hot water systems
- Reallocation of freed-up space
In some cases, this creates opportunities to add storage or exclusive-use areas — but also introduces disclosure considerations.
4. Utility and Embedded Network Changes
Adjustments to:
- Embedded electricity, gas or hot water systems
- Metering arrangements
- Provider agreements
can affect both disclosure obligations and long-term owner costs.
5. Management Rights and Agreement Variations
During the construction and sales period, management rights may be sold or renegotiated, resulting in:
- Variations to caretaking duties
- Changes to remuneration
- Amendments to disclosed agreements
These changes must be carefully reviewed to ensure ongoing compliance.
Understanding Redisclosure Obligations
Not every change requires redisclosure — but material changes do.
A material change is one that:
- Alters the rights or obligations of buyers
- Affects costs, levies or financial commitments
- Changes the nature or use of common property
- Impacts governance or agreements
Failure to identify and manage material changes appropriately can expose developers to:
- Buyer rescission rights
- Disputes or legal action
- Settlement delays
- Reputational damage
This is where specialist body corporate advice becomes critical.
How a Body Corporate Consultant Protects Contracts
For buyers, the disclosure statement is often the first — and only — insight into how the body corporate will functDuring the construction phase, a body corporate consultant acts as a continuity partner, ensuring that changes are assessed through both a legal and operational lens.
Key roles include:
- Reviewing proposed changes for disclosure impact
- Advising whether redisclosure is required
- Updating budgets and entitlement schedules where necessary
- Coordinating revised documentation with solicitors
- Supporting sales teams with accurate, updated information
This structured approach reduces uncertainty and protects the integrity of existing contracts.
Keeping Sales Teams and Agents Aligned
Sales agents are often the first point of contact for buyer questions during construction.
Without clear guidance, agents may:
- Provide inconsistent information
- Overpromise on facilities or outcomes
- Create expectations that are not reflected in formal documentation
During this phase, developers benefit from:
- Clear briefing notes for agents
- Updated levy and budget explanations
- Consistent responses to strata-related enquiries
A body corporate consultant can assist in preparing tailored FAQs and briefing materials, ensuring that all communications align with disclosed information.
Managing Budgets Through Change
Construction-phase changes often have financial implications.
Examples include:
- Adjusted maintenance requirements
- Revised service contracts
- Changes in lot numbers or usage patterns
If these impacts are not assessed holistically, they may result in:
- Budget mismatches
- Unanticipated levy increases
- Owner dissatisfaction post-settlement
Ongoing budget review during this phase helps ensure that disclosed financial information remains reasonable and defensible..
Layered and Complex Developments: Higher Stakes, Higher Risk
In complex developments — such as mixed-use schemes, staged projects or layered bodies corporate — change management becomes even more critical.
A single design alteration may affect:
- Multiple subsidiary schemes
- Shared services and infrastructure
- Cost-sharing arrangements between different user groups
Without careful oversight, these changes can introduce long-term governance challenges that are difficult to resolve once the scheme is established.
Legislative and Regulatory Change During Construction
Developments with long construction timeframes may also be impacted by:
- Changes to strata legislation
- Updates to disclosure requirements
- New safety, sustainability or compliance standards
A body corporate consultant monitors these changes and advises developers where updates to documentation or processes are required to remain compliant.
Why This Phase Protects Your Reputation
From a buyer’s perspective, the construction phase is often when trust is tested.
Buyers want reassurance that:
- What they purchased is what they will receive
- Costs remain within expected ranges
- Changes are communicated transparently
Developers who manage this phase well are more likely to experience:
- Fewer disputes
- Smoother settlements
- Stronger post-completion relationships
In contrast, poor communication or unmanaged change can quickly undermine buyer confidence.
Preparing for Registration Starts Now
Decisions made during construction directly influence how smoothly the project transitions into pre-registration and registration.
Accurate records, up-to-date documentation and well-managed agreements all reduce friction at the next stage.
This is why Step 3 is not a holding pattern — it is an active risk-management phase.
How SSKB Supports Developers During Construction
SSKB’s Developer Consultancy Team remains actively involved throughout the disclosure and construction period.
We provide:
- Ongoing advisory support as changes arise
- Practical guidance grounded in operational experience
- Coordination between consultants, solicitors and sales teams
- Clear, timely advice to protect compliance and contracts
Our goal is to ensure that flexibility during construction does not come at the cost of certainty or trust.