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Should New Owners Corporations Obtain Building Defects Reports

Posted 19 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?

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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.

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Bannermans Lawyers

Published 19 May 2024
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