Jan 25, 2018 10:58 am
If you have defects in your residential property, please be aware of how those defects are characterised in the Home Building Act 1989 (NSW) (Act).
A "major defect" is defined in the Act to mean:
(a) a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance requirements of the National Construction Code (or any combination of these), and that causes, or is likely to cause:
(i) the inability to inhabit or use the building (or part of the building) for its intended purpose, or
(ii) the destruction of the building or any part of the building, or
(iii) a threat of collapse of the building or any part of the building, or
(b) a defect of a kind that is prescribed by the regulations as a major defect, or
(c) the use of a building product (within the meaning of the Building Products (Safety) Act 2017) in contravention of that Act.
"Major element" of a building is defined to mean:
(a) an internal or external load-bearing component of a building that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams), or
(b) a fire safety system, or
(c) waterproofing, or
(d) any other element that is prescribed by the regulations as a major element of a building.
All other defects, are characterised as 'non-major defects'.
Different time frames apply in prosecuting a claim against a builder or developer for 'non-major defects' and "major defects".
If there are defects in your property and you need legal assistance, please contact me for an confidential and obligation free discussion.
André Adams | Partner
T: +61 2 8020 5721 | T: +61 8 7129 7050
M: 0403 161 505
Re: Building Defects5
Mar 27, 2018 7:37 am
You are better off identify and fixing the structural problems first than turning it into a lawyers picnic.
Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs
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