Close

Member Login

Under many building contracts, you have a contractual right to have defects addressed.

The contractual rights can be exercised by the property owner, but not usually by a third party.

There are general entitlements under the Building Services (Complaint Resolution and Administration) Act 2011 that allows a person to make a complaint about defective building work. The complaint can be made to the Building Commissioner about a regulated building service not being carried out in a proper and proficient manner, or for being faulty or unsatisfactory.

This section does not limit the complaint to a party to the building contract. The regulations state that the complaint may be made by a person whose interests are being, or have been, adversely affected by the carrying out of the regulated building service. This would protect a subsequent purchaser of a home.

Section 6 of the Act says that a complaint for faulty and defective work can be made up to 6 years after the practical completion. This date usually occurs when a notice of completion of the work is given to the permit authority. This time limit is strictly enforced. If a claim is made one day late, then it will be invalid.

Many people refer to this as a ‘structural warranty’ covering only structural elements of the home. However, the builder’s liability, in strict terms, is wider than this. It covers all faulty and defective work, including the installation of white goods; however the manufacturer’s warranty would be the initial reference point on these items.

Not all problems are due to faulty and defective workmanship during construction. Just as items wear out on a new vehicle, it is the consumer rather than the manufacturer who replaces them, and so it is with new homes. Replacement of items due to wear and tear is not the builder’s responsibility. A builder is only liable when defects emerge due to faulty and/or unsatisfactory workmanship.

This generally means that any person – whether or not they were the original owners or clients – can make a complaint during the 6 year period after building work was completed.

10 responses to “Defects Liability”

  1. Frank Goff says:
    January 26, 2016 at 1:32 pm

    After construction of a 4m x 4m deck, 2.5 m above ground where Stainless Steel Wire has been threaded through the decking posts, water has seeped into the wood causing splits between holes. Matter was taken to Timber suppliers (over 2yrs ago) – who denied any liability as their website had a advisory sheet stating that holes were not to be drilled through this timber type. Took matter to Consumer Protection and they advised we had no redress with the supplier and that the Builder should have been aware of the issue & should not have used/recommended the timber for balustrade post use where holes need to be drilled through the timber. One balustrade post is now showing severe evidence of rot, almost right through its 110mm section and we fear that rot will now become evident in other posts. Completion was signed off in April 2010. Does the Builder have any responsibility to make good? Thanks for any advice

  2. Jeffrey Lewis says:
    February 18, 2016 at 2:29 pm

    Could you guide me to the definition of faulty and defective work please.

    Defective and faulty work include not following a Australian Standard

  3. Mike Le Mon says:
    February 28, 2016 at 9:34 pm

    Hi, house built 2002, brick & iron roof. Plaster on internal wall have hair line cracks. When tapping cracks on wall it is hollow. A piece has fallen out & it looks like plaster has not bonded to internal brick work. Is this faulty workmanship. Does the build have any responsibility to make it good. Thanks for any advice.
    Kind regards, Mike Le Mon

  4. John Hunter says:
    April 9, 2016 at 10:27 am

    We had a new home built after the 2009 bushfires destroyed our previous home in Marysville. The house was completed in October 2011. After three years we noticed the paintwork on the exterior was deteriorating with paint coming off when hosed using a garden hose and paint peeling of some of the timber finishes. The builder indicated that as it was three years nothing could be done. Recently the paint work is getting worse and was obviously not done properly. It is showing signs of further deterioration. Is there anything we can do about this?

  5. John Righetti says:
    April 23, 2016 at 7:55 pm

    Hi, my daughters builder contacted her to state the slab is not level. An engineering report was conducted showing some defects up 10mm out. Affected areas are kitchen, bedroom hall way. The builder stated they would fix it.

    Anyway, some weeks have passed and the house is at lock up stage with the floor tiles down, kitchen installed and the problems wasn’t rectified with the uneven floor.
    The site supervisor has asked to meet Thursday 28th April and what too seek what I should do. I feel the builder has a responsibility to rectify this problem in the early stage of construction but didn’t?

    What can I do?

    Appreciate any advice/direction from you.

    Regards
    John