So what are your rights when building a new home??

Well done, good info.

your rights in QLD..................

If you have a dispute with a Builder or Trade Contractor in relation to defective or incomplete building work, the Building Services Authority (BSA) may be able assist in resolving the dispute.

Our advisory service can inform you of your rights and obligations and those of the contractor.

Before lodging a formal complaint:

First, you should try to resolve the problem by talking to your contractor and clearly Identify all individual items you believe to be defective or incomplete.

You must provide reasonable site access and give the contractor the opportunity to address your concerns.

If you are not successful put your concerns in writing to the contractor and ask for rectification or completion to be completed within a reasonable time frame. (a copy of this letter will be required with your application to BSA)

Lodging a complaint with BSA
If you have been unsuccessful in resolving your dispute the attached Complaint Form should be completed and returned to us along with copies of the relevant documents.

Confidentiality & Freedom of Information
Information provided to BSA during the dispute resolution process is kept confidential. However, information held by BSA, including the documents you have supplied and information gained during the resolution process, is subject to applications for access under the Freedom of Information Act 1992. Information may be released in accordance with the Act and BSA Freedom of Information policy.

BSA Dispute Resolution Process
BSA's dispute resolution process and timing may vary depending on your needs and the complexity of the complaint.

We will however, provide you with regular updates and guide you through our dispute resolution process.

This may be simply by a BSA officer acting as an objective third party and attempt to negotiate a solution acceptable to both parties.

Or where a contractor fails to complete the building work in a workmanlike manner, BSA may under the QBSA Act direct the contractor to rectify the substandard or incomplete work.

BSA encourages both parties to resolve the issues in the dispute even after you have lodged your complaint form. This this may provide a quick resolution to the dispute and remove the need for BSA to intervene.

The second stage may involve an inspection of the work by a BSA building inspector or an independent consultant to identify the extent of defective work. BSA uses discretion at this point and may direct the contractor to rectify the individual items of defective work or attempt alternate dispute resolution procedures.

Before we can process your complaint in relation to defective work or building inspection services we require a copy of:

Current rate notice (all pages) or evidence of your ownership of the property
Copy of notification to the contractor advising of the alleged defects
Copy of contract, invoice or evidence to identify the contractor as the person responsible for the work.
A specific list of defects, individually numbered and of sufficient detail to identify the location and nature of the defects.
Complaints BSA can assist with
BSA provides a dispute resolution service for complaints in relation to incomplete or defective building work and an auditing role in assessing complaints in relation to sub standard termite and building inspections

BSA can also investigate complaints against Private Certifiers where questionable decisions have been made in building approval or inspection of building work.

Incomplete residential construction work (Insured Works)
Where the complaint is in relation to incomplete construction due to termination of a contract, bankrupt or liquidated status of your builder, you may be entitled to have the remaining portion of the work assessed as a claim pursuant to the statutory provisions of BSA's Insurance fund.

If this is the case it is essential you supply all the following documents with your claim, we cannot process your claim without them.

Complete copy of the contract, quotation and/or building agreement
All council or private certifier approved plans
Specification and/or list of inclusions
All pages of a current rate notice or evidence of title
Correspondence relating to contract termination (if applicable)
Evidence of payment (i.e. copies of receipts or cheques presented and/or a letter from the lending institution)
Complaints BSA can not assist with
A specific list of exemptions can be found in BSA regulations 5. Generally BSA cannot handle complaints where:

Work is under the value $1,100. Excepting plumbing, drainage, gas fitting, termite management system installation, residential and building design drafting, completed building inspections reports.
Where the complaint is over fulfilment of contract conditions or disputed payment of money.
The Commercial and Consumer Tribunal provides a cost effective dispute resolution service for disputes of a contractual nature. ( More information on the CCT’s procedures can be obtained from their website: www.tribunals.qld.gov.au)

BSA Discretion
Under Section 72 of the QBSA Act, BSA maintains discretion as to when it may direct a contractor to rectify defective work. In applying discretion BSA will consider the severity of the defect and how long it took to appear after the work was completed.

Time limits
The contractor may be held responsible for: Category 2 defects for a period of 6 months from completion of the work or, if the contractor has been notified in writing during this period the time limit may be extended to 7 months

Your contractor may be held responsible for Category 1 Defects for a period of 6 years and 3 months from practical completion of the work.

Defective construction work
Where the complaint is about defective work there are two categories which define a defect where the contractor may be held responsible for work that has not been performed in accordance with the Building Act, and in a good and workmanlike manner.

Category 1 defects are those defects, which may:
Allow water penetration into a building
Adversely affect the health and/or safety of the occupants
Adversely affect the structural adequacy of the building
Adversely affect the serviceability, performance or functional use of the building or works
eg. leaking showers, subsidence or settlement of footings, incomplete or inadequate termite protection.

Category 2 defects are defects, which are not a defect of another category and which:

Result from failure of the contractor to meet a reasonable standard of construction and finish;
Are of a kind, which commonly occur during the settling in period of a new building.
eg. poor finishing detail, sticking windows and doors, cracked plasterboard and cornices.

Steps To Take
1) Notify your Contractor in writing
Allow Aprox 14 Days for response. If none contact BSA or our web site for a claim form

2) Lodge Complaint with BSA
Initial assessment of dispute by BSA Case co-ordinator

3) Negotiation period
We encourageboth parties to resolve the dispute prior to a site inspection by BSA

4) Dispute unresolved?
In most cases an Inspection of defects by BSA Building Inspector or Technical Consultant will be carried out

5) Resolution of dispute by
assisted negotiation or;

Direction to contractor to rectify (in most cases this requires a 28 day minimum rectification period)

If the contractor fails to comply with the Authority’s Direction
BSA may commence disciplinary action in the CCT or Magistrates court; or
If residential construction work, have the rectification and/or non-completion assessed as a claim pursuant the insurance cover provided by BSA.

There is a complaints form at the following website:
www.bsa.qld.gov.au

Tasmania?...........................

WOW .............that's so great. Thankou so much Sally.