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What is a Statutory Warranty Period and How Do I Work it Out?

Posted 20 May 2024

Category: Building Defects, eBooks

One of the key areas where owners need guidance is determining what their rights are and what hindrances are present to obtaining rectification of defects.

Consumer protection is set out in the NSW Home Building Act1989, which has undergone numerous amendments over the ears in relation to statutory warranty periods which has the result of creating apotential minefield for lot owners and owners corporations to navigate.

Owners corporations should always seek guidance in relation to the statutory warranty periods that are applicable to enforcing their rights. The present state ofthe NSW Home Building Act 1989 sets out three statutory warranty periods which may potentially apply to residential buildings in NSW:

  • 2 years from completion (plus 6 months where a defect becomes apparent during the last 6 months of the warranty period); or
  • 6 years from completion (plus 6 months where a defect becomes apparent during the last 6 months of the warranty period); or
  • 7 years from completion.

Related Article

What happens if you miss the Warranty Period?

These issues are further explored in our article Building Defects Overview.

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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 20 May 2024
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