So you have a brand new home and there are a few things now that you have moved in that just don’t seem right!!!
It is true that Builders in Queensland have legislative obligations to rectify defective building work. However this is not always a straight forward procedure when items start to arise after Handover.
When a new home reaches Practical Completion the home owner is covered for defective building work and there are two Categories that hold the builder accountable to warranty obligations.
This is often referred to as the builder’s “maintenance period” and obligates the builder to return to site to rectify issues that meet the following criteria.
When the Builder has been notified in writing within 6 months of practical completion of building work that is faulty or unsatisfactory because:
1. reasonable standards of construction and finish have not been met
2. the defect is the result of settling by the building in the initial period.
An example maybe resetting and painting small cracks that have appeared as a result of initial settlement or repairing / replacing a door lock that is playing up, as it is reasonable to expect this operates correctly in a new building.
This is when the Builder has been notified in writing within 6 years of practical completion that building work is faulty or unsatisfactory because it does one or more of the following :
a) adversely affects the structural performance of a building
b) adversely affects the health and safety or persons residing in or occupying a building
c) adversely affects the function use of a building
d) allows water to penetrate into a building.
If your new building has the above defects and falls into the correct time frames the builder has an obligation to return to site and rectify defective building work.
Often it is difficult for the home owner to know if their concerns fall into the above categories and this is where a trained and experienced industry professional comes into play.
Such an expert can accurately consider home owner concerns and prepare documentation that provides a correct account of the defective building work. This information can then be presented to the builder so as to ensure work is rectified according to legislative obligations.
Such documentation can also serve as an expert account in legal proceedings and official complaints to the licensing authority, the Queensland Building Construction Commission (QBCC).
If the builder is not amicable or refuses to meet these obligations there is a formal complaints procedure that can be lodged to the QBCC.
The QBCC will investigate all complaints providing Category 2 type defects are lodged within 7 months of practical completion and Category 1 type defects are lodge within 6 years and 3 months of practical completion.
The QBCC has the authority to investigate and issue directions to the builder to rectify defective building work. In extreme cases the QBCC can suspend / cancel the builders’ license, undertaking the rectifications themselves and pursue the builder for the costs.
Home Warranty Inspection and report writing is now a regular part of the building industry that protects the consumer and enhances the image of the building industry.
An experience industry professional such as a licensed and insured building and pest inspection company like Twenty20 Building Consultancy considers all of the above and your future.