Consumer Building Guide NSW – Statutory Warranties
The following warranties set out what you are entitled to under the contract between you and your builder and tradesperson. Even if these warranties (promises) are not written into the contract you sign, the law says that they still apply to the work you are having done on your home.
Statutory warranties are in effect for 6 years for structural defects and 2 years for non-structural defects, commencing from the date when the work was completed.
The warranties are:
The work will be performed in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract.
All materials supplied will be suitable for the purpose for which they are used, and those materials will be new unless specified otherwise.
The work will be done under and will comply with, the Home Building Act 1989 or any other law. The work will be done with due diligence and within the time stated in the contract, or otherwise in a reasonable time.
If the work consists of the construction of a dwelling, the making of alterations or additions to a dwelling, or the repairing, renovation, decoration, or protective treatment of a dwelling; the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling.
The work and any materials used in doing the work will be reasonably fit for the specified purpose or result that the owner has made known to the contractor, so as to show the owner relies on the contractor’s skill and judgment. If you believe that there has been a breach of any of these warranties (within the statutory warranty period) you may be in dispute with your builder or tradesperson and you should follow the dispute resolution procedure.
Reference- NSW Fair Trading viewed 15/2/12, image source google
Como Building P/L, Michael Como provides in SYDNEY, an NSW Building Regulations Consultancy service that comprises, Interpretation of NSW legislation relevant to the construction of Class 1 and 10; Issuing: Complying Development Certificates (CDC), Construction Certificates (CC) [after a local council has approved a development], Occupation certificates (OC), Compliance Certificates, NCC Building Code Australia Reports. Engagement for the certification work is on a contract basis.
Also, a pre-purchase property inspection or building inspection by Michael Como may empower you with knowledge about the condition of a property currently or before you buy it and help you avoid future problems and unexpected costs. However, this service can only be conducted if the insurer is on-side, and currently, they are not and as a result, we do not conduct it.
Michael Como is Your Custom Home Builder in Sydney with over 46 years of construction experience, a Master Craftsman sharing innovative Restoration/renovation Ideas. Licensed since 1988. At this stage, I will only carry out building work at a contracted agreed hourly rate.
Let your imagination soar as you enjoy Building Green Homes or Straw houses or Hemp Homes or Heritage Style Restoration or Bathroom renovations or UHR or Digital twin or Sealing…. Etc.
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