Defect Reports and Builder Warranty Claims
Home Integrity Strata Consultants complete detailed Defect Inspections Reports and Builder Warranty Claims in Perth. Building regulations mean that you have the right by law to have faulty and unsatisfactory workmanship addressed.
Home Integrity Strata support many Perth Council of Owners and Strata Managers through this sometimes complicated process. Home Integrity Strata can provide the supporting evidence you need to lodge a complaint with the Building Commission or seek a decision in the State Administrative Tribunal or Court of Law.
When Can a Complaint be Made?
The Council of Owners can lodge a complaint for faulty and defective work up to 6 years after practical completion.
Practical Completion would normally occur when the Strata Complex was completed and the Practical Completion Inspection was carried out. This is normally just prior to key handover and/or final payment.
The Building Commission in Perth has a prescribed process for lodging a complaint on a regulated building service not being carried out in a proper and proficient manner, or for being faulty or unsatisfactory.
Some Perth builders refer to their Liability as a ‘Structural Warranty’ and purport to be liable only for the structural damage to the Strata Complex. This is misleading and incorrect.
Builder’s Liability covers all faulty and defective work to all building elements for a period of 6 years after practical completion. Faulty and defective work can include:
- Roof leaks
- Structural cracking
- Water ingress
- Issues with ceramic tiling
- Replacement of items due to wear and tear is not the builder’s responsibility.
Registering a Complaint Against Your Builder
To lodge a complaint with the Building Commission a Notice of Proposed Complaint must first be completed and sent to the Builder, then you must give the Builder 14 days to respond.
The Notice of Proposed Complaint is a very important document as it lays out all the issues to be dealt with in a prescribed format and sets the foundation for a Building Complaint with the Building Commission (BC).
It is the first step before the BC will even consider a formal Building Complaint.
The purpose of the Notice of Proposed Complaint is to demonstrate to the Building Commission that you have itemised and corresponded the issues to the Builder and given the Builder sufficient notice (14 days) in an attempt to sort out the issues before lodging a formal Building Complaint.
Home Integrity Strata can prepare a Notice of Proposed Complaint for the Council of Owners and/or Strata Manager.
The first step is to meet with a representative of the Council of Owners to walk through the issues and complete an inspection of the whole complex, including reviewing the Building Licence documentation.
All inspections are in accordance with Australian Standard 4349.0. Reports comply with the guidelines set out by the Building Commission and are carried out by Experienced Registered Builders.
- Notice of Proposed Complaint – Scott Schedule.
- Complainant statements.
- Inspectors observations and comments.
- Photos of the defects.
- References to relevant sections of Guides, Codes, Standards and Manufacturers Specifications.
- Suggested action / remedy.
- Access to specialised equipment and consultants.
- Support with lodging Building Commission forms: Notice of Proposed Complaint and Building Complaint forms.
Home Integrity Strata works with the Council of Owners to establish the facts, writing a detailed Report in accordance with Australian Standard 4349.0 and the Guidelines for Building Complaint Reports for submission to the Building Commission.
Home Integrity Strata reports satisfy the requirements of the Building Commission – clearly documenting defects, areas of non-compliance and suggested remedies.
In stating and documenting the complaint, it is recommended that homeowners appoint a Registered Builder who has experience in writing reports for the Building Commission.
State Administrative Tribunal or a Court of Law
Home Integrity Strata have assisted Council of Owners as an Expert Witness for cases trialled at either the State Administrative Tribunal or a Court of Law.
If you are a Strata Manager or Council of Owners
Representative with questions, please click here to get in touch.