Building your dream home should be exciting—not a legal nightmare. But if you’re facing construction defects, it’s important to act fast.
What Counts as Defective Building Work?
Defective work includes anything that is faulty or fails to meet legal standards, such as:
- Breaches of the Building Act 1975, Building Code of Australia, or relevant Australian Standards
- Incorrect installation of products against manufacturer instructions
There are two main types of defects:
- Structural defects; and
- Non-structural defects
Structural Defects
These affect safety, function or waterproof. Common examples include:
- Cracks in foundations or walls
- Water leaks
- Serious structural faults that compromise safety
Non-Structural Defects
These are generally cosmetic or quality-related, such as:
- Poor finishes
- Uneven tiling or paint
- Minor settling issues
Strict Timeframes Apply – Don’t Delay
Queensland law provides protection—but only if you act within the set time limits:
- Structural defects: Covered for 6 years and 6 months from contract, insurance, or construction start date (whichever comes first). You must lodge a complaint within 3 months of noticing the defect.
- Non-structural defects: Covered for 6 months from completion, with a 7-month limit to lodge a complaint.
If these deadlines pass, you could lose your right to claim.
What Homeowners Can Do
- Notify the Builder: Raise the issue in writing and give the builder a chance to fix it.
- Lodge a QBCC Complaint: If unresolved, the QBCC can inspect and issue a direction to rectify.
- Access Insurance: Homeowners may claim under the Home Warranty Insurance Scheme, provided it’s within the warranty period.
- Seek Legal Action: As a last resort, homeowners can apply to QCAT for compensation or orders for rectification.
Key Takeaway
Queensland homeowners have legal protections against building defects, but must act quickly and follow proper procedures. Understanding warranty limits and addressing the building issues early are crucial. For complex matters, the right legal advice is essential.
We specialise in resolving commercial contract disputes, including construction-related matters, and understand the challenges these conflicts can bring. Our goal is simple: protect your home, your finances, and your peace of mind. Please contact us if you require any assistance in relation to your building contracts or any other legal matter.
