Building defects can be structural or non-structural. There are different legal mechanisms to address different types of defects. Defective and/or incomplete building works can cause significant financial, emotional and practical burdens for homeowners. If your residential build has a defect, you have both statutory and contractual rights to have the defect rectified and/or the contractual building work completed.
The Queensland Building and Construction Commission Act 1991 (the QBCC Act) provides for various remedies for defective work, including the ability for the Queensland Building and Construction Commission (QBCC) to direct rectification or completion of work (DTR). Requests for a DTR to be issued by the QBCC should be made within 12 months of becoming aware of the defective / incomplete work or consequential damage. Alternatively, you may be able to make a claim on the statutory home warranty insurance. Generally, claims under the Queensland Home Warranty Scheme must be made within:
Compromise the structural integrity, performance or safety of a building. Examples include:
These defects can significantly reduce the property’s market value due to perceived risks and costly remediation efforts.
Do not affect the building’s structural integrity but impact functionality or aesthetic value. Examples include:
These defects can still diminish the property’s value and appeal, particularly if numerous or visibly impactful.
Defective and/or incomplete building works can cause significant financial, emotional and practical burdens for homeowners. If your residential build has a defect, you have both statutory and contractual rights to have the defect rectified and/or the contractual building work completed. Make a booking with Fox Piper to discuss how to pursue a claim.
Step 1
Submit Your Enquiry
Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.
Step 2
Speak with a solicitor
We will take the time to understand your circumstances and give you guidance.
We will speak with you about your matter, give you options, and most importantly potential solutions.
Step 3
Post-consultation email
For a flat fee of $1,650 upfront, our lawyers will spend up to 90 minutes in total reviewing your case, speaking with you and sending you an email with an overview and suggested next steps.
If you need further support, our solicitors will discuss additional fixed fees or an estimate.
Structural defects compromise the safety or structural integrity of a building, such as foundation issues or defective load-bearing elements.
Non-structural defects, on the other hand, refer to faults that do not affect the building’s structural integrity but might impact its functionality or aesthetic value. These defects typically involve the finishes and fittings within the building, such as defective tiling, cracked plasterboards, sticking doors and windows.
Homeowners have statutory and contractual rights to rectify defects and complete building work under the QBCC Act and home warranty insurance schemes.
Fox Piper provides legal advice, representation and assistance in negotiations with builders. We can also assist with lodging complaints with the QBCC and pursuing claims through QCAT or courts.
If you require guidance through the QBCC claim process, are out of time to make a claim with the QBCC for defective and/or incomplete work, or if the QBCC has declined your claim for cover or decided not to issue the builder a DTR, Fox Piper can advise you of your options. These include having the QBCC’s decision reviewed by QCAT or pursuing the builder directly.
