How to define building defects in your new home

When constructing a new home, the process does not always run as smoothly as we would like and often we are left with building defects as a result. There are several reasons during the building process that these defects may occur and a professional building inspector from Australian Property Building Inspections (APBI) is able to identify potential issues before the end of construction, thus ensuring new property owners aren’t left to deal with either general or major building defects.

There are basically what they refer to as two types of building defects, general defects and major building defects and the definition is quite specific definitions of what constitutes a building defect. These defects can stem from poor workmanship, design defects or perhaps poor quality building materials. Any work or structure that fails to comply with the National Construction Code could possibly contain general or even major building defects.

Defining General and Major Building Defects

Recent changes to the Home Building Act, of 15 January 2015, classifies a general building defect as essentially any defect which fails to pass the major defect test, so any defect that can not be classified as “major” is, by default, a general defect. Home Building Laws classify a defect as major when two conditions exist:

• It involves a “major element” of the building, meaning anything essential to the stability of the structure such as the roof, walls, foundation, et cetera, a fire safety system, or waterproofing plus
• It renders all or part of the building uninhabitable, or otherwise impossible to use for its intended purpose; or if the defect threatens to collapse or destroy all or part of the building.

There are major differences in warranties between the types of defects. For example, in major building defects, new building contracts cover the owner for 6 years under current statutory warranties. This allows additional time to correct major structural defects. Warranties however for general defects are cover only 2 years. The new Home Building Act now suggests that if a defect is the owner’s instruction, against the advice of the builder, the builder will have a legal defence under section 18F of the Home Building Act.

How to protect against Major or General Building Defects

When building your own home due to the length and complexity it is not always easy to control tradesman building your house and because you may not be familiar with the building trade thereby missing areas of concern, you may be at risk of leaving your defects uncorrected prior to handover. There is also the issue that should these defects go undetected beyond handover they could very well become the sole responsibility of the owner, giving them little to no financial recourse available afterwards. By organising a professional building inspector to undergo an inspection of your property prior to completion you will be safeguarding your future investment. They can determine if the build is going according to plan and if all materials and workmanship are to the required standards.

The importance of protecting your property that for many of us is likely to be one of the largest and most potentially valuable investments during our lifetime. Therefore, to protect your financial interests it is so important to have a trained building inspector to avoid defects that can easily lead to costly repairs if not discovered during warranty periods. Investing in stage construction inspections and working with a professional building inspector is the best way to head off those defects before they become a major issue. Having a seasoned professional, plus a little of your own knowledge should help ensure your major investment is protected prior to you taking possession of your new residential property.