Should New Owners Corporations Obtain Building Defects Reports
Posted 18 May 2024
Category: Building Defects, eBooks
Yes. Whilst defects in some cases are easily identifiable, what is often the case is that defects are not known until they manifest physical signs or rectification efforts are undertaken and expose further issues.
If the defect can be proven (usually by expert evidence) then historically it is difficult for a builder or developer to defend a claim. The most notable defence is if the defect arises from a design fault, which the builder drew attention to.
Bannermans Lawyers encourages owners corporations to keep records of building defects reported by lot owners. If urgent repair is required keep a detailed record of the defect and related repairs, including photographs.
Seeking to obtain a building defect report serves two overall functions; it identifies defects that owners may not be aware of and pinpoints the rectification work necessary and potential costs to rectify these defects. Obtaining a building defect report sooner rather than later will allow owners corporations to take appropriate action within the relevant statutory periods.
These issues are further explored in our article Should New Owners Corporations Obtain Building Defects Reports?
Building Defects Advice
Strata committees & lot owners
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
This is an extract from our Bannermans Building Defects Guide – Part 1.
To access more FAQ'S on Building Defects fill in the below form to download our Bannermans Building Defects Guide – Part 1 for free.
