There have been recent changes to the Home Building Act 1989 and the Home Building Regulation which are due to commence on 1 December 2014.
What...
There have been recent changes to the Home Building Act 1989 and the Home Building Regulation which are due to commence on 1 December 2014.
What this means for your strata scheme is that many building defects currently covered by a 6 year warranty period will be reduced to a 2 year warranty period. The amendments to legislation are retrospective so for some buildings the 2 year period may have already lapsed.
Under the new legislation, only “Major Defects” will be covered by a 6 year warranty period.
A “Major Defect” is defined as a defect in a “major element of the building” that causes or is likely to cause:
• The building or part of it to be uninhabitable, or
• The destruction of the building or any part of the building, or
• A threat of collapse of the building or any part of the building
A “major element of the building” is defined as “internal or external load bearing components of a building that are essential to the stability of the building or any part of it; or a fire safety system; or waterproofing”.
All other defects which are not classified as a major defect will only have a 2 year warranty period applicable.
This would include defects such as:
• Wall/floor cracking and façade issues
• External waterproofing
• Guttering faults
• Defective roof coverings
• Defective plumbing works
• Tiling issues
• Defective balcony balustrades
• Electrical issues
Due to these changes to the Home Building Act, we are strongly recommending that all of our buildings that are less than 6 years old and have not commenced any legal action against the original developer/builder convene an Extraordinary General Meeting to consider and discuss how any defective building work is to be addressed. Failure to consider instructing engineers and solicitors to undertake inspections and prepare reports to preserve the Owners Corporation’s legal rights to recover against the original developer/builder may leave owners exposed to bearing the full cost of any remedial works required to fix those building defects.
Should the Executive Committee have any further queries please contact your strata manager immediately who will assist in obtaining fee proposals from structural engineers who can assist in identifying any defects in your building and also fee proposals from strata lawyers who can advise the Owners Corporation of their legal rights.