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• Builder's Warranty 101: What is covers, and why you need it

A builder’s warranty is a legal protection for homeowners, ensuring that structural defects and major building issues are addressed without additional costs. Whether you're building a new home or undertaking renovations, understanding your builder’s warranty rights can prevent financial stress and disputes down the track. This guide explains why a builder’s warranty is essential, who is eligible, what it covers in different states, and how to make a claim if something goes wrong.

Why is it important to have a builder’s warranty?

A builder’s warranty safeguards homeowners against defective workmanship, ensuring that any major construction faults are rectified. Without it, homeowners may face costly repairs that should have been the builder’s responsibility.

A builder’s warranty protects your investment by ensuring defects are fixed without unexpected expenses. It is mandatory in many states for projects exceeding a set value, ensuring compliance with Australian building standards and state laws. These warranties also provide legal recourse if a builder refuses to fix defects, allowing homeowners to claim through their state’s warranty scheme. In addition to warranty insurance, statutory warranties are implied into all building contracts. This means builders must complete work to an acceptable standard, even if it's not explicitly stated in the contract, and they cannot be excluded by contract terms.

Who is eligible and how to get a builder’s warranty?

Builder’s warranty insurance applies to homeowners who engage a registered builder for a new home or significant renovations, as well as subsequent owners if the property is sold within the warranty period. In some cases, owner-builders may also need to provide warranty insurance if selling the property within a set timeframe.

Builders must take out warranty insurance for projects exceeding the following minimum cost thresholds: NSW - $20,000, VIC - $16,000, QLD - $3,300. Homeowners should request a copy of the insurance certificate before making payments. If purchasing an existing home, it is important to check whether the builder’s warranty still applies.

What does the builder’s warranty cover?

Each state has its own rules on what the builder’s warranty covers and for how long. The table below summarises key differences in Victoria, New South Wales, and Queensland.

While builder’s warranties cover major defects, there are some limitations. Wear and tear, unauthorised modifications by the homeowner, and damage caused by natural disasters may not be covered. Additionally, Queensland requires homeowners to lodge claims for structural defects within three months of noticing them, while non-structural defects must be reported within seven months of project completion.

Things to agree on before signing

Before signing a building contract, clarify the warranty period, coverage, and the builder’s obligation to rectify issues. Ensure the builder provides a valid warranty insurance certificate and understands the dispute resolution process in case of any defects. Reviewing exclusions and limitations is also crucial, as some policies may exclude certain defects.

Statutory warranties are automatically included in all building contracts, meaning that even if they aren’t specifically mentioned, they still apply. In states like Victoria and NSW, builders cannot exclude these warranties from the contract, ensuring that work is performed to a professional standard.

Step-by-step guide to making a claim

If you discover a defect covered by the builder’s warranty, follow these steps to ensure it gets resolved properly.

Step 1: Identify the issue

• Inspect your home and document the defect with clear photos and written descriptions.

• Note the date you first noticed the issue, as this affects your claim timeframe.

Step 2: Contact the builder

• Write a formal notification letter or email to the builder outlining the problem.

• Include evidence such as photos, receipts, and building plans (if applicable).

• Request a response and proposed solution within a reasonable timeframe (usually 14 - 21 days).

Step 3: Allow the builder time to respond

• If the builder agrees to fix the defect, set a deadline for completion.

• Keep records of all correspondence and any repair agreements.

• If the builder does not respond or refuses to fix the issue, move to the next step.

Step 4: Escalate to your state’s building authority

• If the builder does not cooperate, file a complaint with the relevant authority in your state:

• Victoria: Victorian Building Authority (VBA)

• NSW: NSW Fair Trading

• Queensland: Queensland Building and Construction Commission (QBCC)

• Provide all supporting documents, including your written request to the builder and their response (or lack thereof).

Step 5: Claim under builder’s warranty insurance

• If the builder is bankrupt, missing, or refuses to comply, lodge a claim with your state’s home warranty insurance provider.

• Ensure your claim is within the warranty period:

• Structural defects: Must be reported within 3 - 6 months of discovery.

• Non-structural defects: Must be reported within 7 - 12 months of project completion.

• Submit all necessary documents, including contracts, photos, builder correspondence, and reports from building inspectors (if applicable).

Step 6: Seek legal advice if necessary

• If your claim is denied or disputed, consider seeking legal advice or contacting a building disputes tribunal.

• In some cases, you may need to take the matter to court to enforce your rights under the builder’s warranty.

Key takeaways

Understanding builder’s warranty insurance can save homeowners time, money, and stress when dealing with construction defects. Before signing a contract, always verify that the builder has taken out warranty insurance if required in your state. Keep copies of your contract, insurance certificate, and all communication with your builder, as good record-keeping makes the claims process smoother.

If a defect appears, act quickly. Each state has strict time limits for reporting structural and non-structural defects. Always try resolving issues with the builder first, but if they refuse or disappear, contact your state’s building authority for support. If necessary, lodge a warranty insurance claim with all supporting documents.

Not all defects are covered, so homeowners should understand exclusions, such as general wear and tear or minor cosmetic flaws. If you’re buying a home that’s still within the warranty period, check if coverage transfers to you. By staying informed and proactive, you can protect your home and investment with confidence.

* The information provided in this article is for general informational purposes only and does not constitute legal advice. Builder’s warranty laws and regulations vary by state and may change over time. Homeowners should consult their state’s building authority or seek professional legal advice for specific concerns regarding their rights and obligations under a builder’s warranty.

Publisher Website: www.homeshelf.com.au