Who will police the police? The coastguard.

There are two ways to protect citizens from large predators, say an unscrupulous property development company. Firstly by using regulation. Secondly to introduce legal liability.

In the Australian property industry, like many others, say banking, attention on mistakes—both wilful and negligent—attract a popular call to increase regulation.

It stems from an often well-founded mistrust of corporate culture and private industry. But regulation introduces a new kind of predator. Government bureaucrats and its agents. 

We see this almost every day in flooding and stormwater in the form of nonsensical regulation by some local governments. And worse, making up the rules as they go along. 

Yesterday a long-suffering family client of ours trying to build a new home had council backflip on its own DA condition and enforce a fundamental design change.

Citizens can, in theory, hold the state accountable. But, in practise, a local government can function exactly the way an unethical private corporation can—forcing their will on a citizen through fear and coercion.

It is simply too difficult to challenge such a juggernaut for most citizens. So even if people know their rights, most families just roll over. And it almost never produces the best outcome. For anyone.

And regulations, once enacted are almost never repealed. Politicians just aren’t brave enough to create enough tension to move opinion from the status quo. So over time, our property industry, creativity and innovation is crushed by unfair and complicated rules.

By regulating, you are stealing people’s freedom.