{{ propApi.closeIcon }}
Our industry
Our industry $vuetify.icons.faArrowRight
Economic research and forecasting Economics Housing outlook Tailored market research Economic reports and data Inspiring Australia's building professionals HOUSING The only place to get your industry news Media releases Member alerts Submissions See all Business support
Business support $vuetify.icons.faArrowRight
Become an apprentice host Hire an apprentice Why host a HIA apprentice? Apprentice partner program Builder and manufacturer program Industry insurance Construction legal expenses insurance Construction works insurance Home warranty insurance Tradies and tool insurance Planning and safety services Building and planning services How can HIA Safety help you? Independent site inspections Solutions for your business Contracts Online HIA Tradepass HIA SafeScan HR Docs Trusted legal support Legal advice and guidance Professional services Industrial relations Resources & advice
Resources & advice $vuetify.icons.faArrowRight
Building it right Building codes Australian standards Getting it right on site See all Building materials and products Concrete, bricks and walls Getting products approved Use the right products for the job See all Managing your business Dealing with contracts Handling disputes Managing your employees See all Managing your safety Falls from heights Safety rules Working with silica See all Building your business Growing your business Maintaining your business See all Other subjects COVID-19 Getting approval to build Sustainable homes Careers & learning
Careers & learning $vuetify.icons.faArrowRight
A rewarding career Become an apprentice Apprenticeships on offer Hear what our apprentices say Advice for parents and guardians Study with us Find a course to suit you Qualification courses Get your builder's licence Learn with HIA HIA community
HIA community $vuetify.icons.faArrowRight
Join HIA Sign me up How do I become a member? What's in it for me? Get involved Become an award judge Join a committee Partner with us Get to know us Our members Our people Our partners Mates rates What we do Mental health program Charitable Foundation GreenSmart Awards & events
Awards & events $vuetify.icons.faArrowRight
Awards Awards program Professional Builder / Renovator GreenSmart Industry networking Events National Conference HIA products
HIA products $vuetify.icons.faArrowRight
Shop @ HIA Digital Australian Standards Contracts Online Shipping and delivery Purchasing terms & conditions Products Building codes and standards Economic reports Hard copy contracts Guides and manuals Safety and signage See all About Contact Newsroom
$vuetify.icons.faTimes
$vuetify.icons.faMapMarker Set my location Use the field below to update your location
Address
Change location
{{propApi.title}}
{{propApi.text}} {{region}} Change location
{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location

$vuetify.icons.faPhone1300 650 620

Definition of defects in NSW

The Home Building Act provides the definition of ‘defect’ for determining when claims for a breach of warranty can be made. The term ‘major defect’ replaced the old term ‘structural defect’ in 2015.
Wednesday, 13th May 2020

Under the Home Building Act any ‘major defect’ in residential building work is covered by a six-year warranty, while defects that don't meet the major defect definition are covered by a two-year warranty from the date when the works were completed.

What is a major defect?

A major defect is either:

  1. a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance requirements of the National Construction Code (or any combination of these), and that causes, or is likely to cause:

    (a) the inability to inhabit or use the building (or part of the building) for its intended purpose, or
         (i) the destruction of the building or any part of the building, or
         (ii) a threat of collapse of the building or any part of the building.

    ‘major element’ of a building means:

    (a) an internal or external load-bearing component of a building that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams), or
    (b) a fire safety system, or
    (c) waterproofing.

  2. The external cladding of a building, where the building is more than two storeys in height, that fails to comply with the performance requirements of the National Construction Code for fire resistance and fire safety.

    The Home Building Regulation was amended in April 2018 (and further amended May 2020 to clarify it only applies to a building more than two storeys in height) to include this item as a major defect. It applies to works commenced after 20 April 2018 and to works undertaken before 20 April 2018 where the warranty period (six years) has not expired.

  3. The use of a building product that is regarded as unsafe and has been prohibited for use as a building product under the Building Products (Safety) Act 2017.

To find out more, contact HIA’s Building Services team.

Email us
Share with your network:

More articles on:
{{ tag.label }} {{ tag.label }} $vuetify.icons.faTimes
Find guides, how-tos, resources and more
Search
What to read next
Article

Statutory warranties for home building work in NSW
Article

Practical completion of HIA contracts
Article

Practical completion of HIA contracts

Contracts Online 

The industry’s go-to digital platform. 

No matter the size of the job, a watertight building contract is critical to protect your business, and the current climate presents a great opportunity to go digital with your contracts.

Take me there

HIA Tradepass

 

HIA Tradepass takes the hassle out of collecting and verifying contractor business information and registrations. Developed by HIA specifically to suit the needs of residential builders.

  • Save time and money – get on site quicker
  • Less time on paperwork and more time building

Take me there

You might also like

NSW Authority for Final Payment (Pad of 50)
The NSW Authority for Final Payment Pad offers an effective method of claiming final payment from your client. It’s available in a handy tear-off pad ...
Non-member price $ 70
Member price $35

NSW Claim for Extension of Time (Pad of 50)
This form is to notify the owner of an entitlement to an extension of time when building works have been delayed due to unforeseen circumstances, an o...
Non-member price $ 70
Member price $35

NSW Authority for Variation to Contract (Pad of 25)
The Authority for Variation to Contract (pad of 25) details changes or variations to works requiring an update to the contract between builder and own...
Non-member price $ 70
Member price $35

NSW New Dwellings Contract (Pack of 2)
Ideal for building professionals about to work on a new dwelling, available as a pack of two. The fixed price contract allows for all job details to b...
Non-member price $ 90
Member price $45

NSW Cost Plus Contract (Pack of 2)
This contract is used for residential construction works on a cost plus basis, not a lump sum ‘fixed price’. Costs are totalled and a percentage or fi...
Non-member price $ 90
Member price $45

NSW General Housing Specifications
The NSW General Housing Specifications document forms part of the contract documents which is referred to in the building contract. It details the wor...
Non-member price $ 40
Member price $20

NSW Preliminary Agreement (Pad of 50)
This Preliminary Agreement (pad of 50) is used to cover the cost of the preliminary work before and in preparation of signing the contract. This type ...
Non-member price $ 70
Member price $35

NSW Notice of Practical Completion (Pad of 25)
The NSW Notice of Practical Completion is used to notify an owner when a project will be at practical completion, available as a pad of 50. It sets a ...
Non-member price $ 70
Member price $35

NSW Small Works between $5K & $20K Contract (Pad of 10)
This contract is a fixed-sum contract used for non-structural, residential renovations and additions, available in a pad of 10 duplicate contracts. It...
Non-member price $ 70
Member price $35

NSW Residential Contract for Renovations & Additions (Pack of 2)
NSW Residential Building Contract - Renovations/Additions
Non-member price $ 90
Member price $45

NSW Small Works over $20K Contract (Duplicate)
The NSW Small Works over $20,000 contract (in duplicate) is for residential construction work over $20,000 and complies with the NSW Home Building Act...
Non-member price $ 40
Member price $20