Dealing With Defects: How to Raise, Resolve & Escalate

Finding defects in your new home is frustrating, but you have rights. The builder is obligated to rectify defects at no cost during the defect liability period. Understanding how to raise defects, the builder's obligations and the escalation process helps you resolve issues efficiently.

How to Raise a Defect

Follow this process to raise a defect:

• 1. Document the defect — take photos, note the location, type and when it appeared
• 2. Report in writing — email the builder with photos and a clear description
• 3. Request rectification — ask the builder to rectify the defect within a reasonable timeframe
• 4. Give a timeframe — 10–20 business days is standard for non-urgent defects
• 5. Keep records — save all correspondence, photos and notes in a dedicated folder

Builder Obligations

The builder is obligated to:

• Rectify defects at no cost during the defect liability period (typically 3–6 months for non-structural, 6–7 years for structural)
• Respond to defect reports within a reasonable timeframe (typically 10–20 business days)
• Rectify the defect to the standard specified in the contract and building code
• Not charge for rectifying defects that are their responsibility
• Honour warranties on appliances and fixtures (pass through manufacturer warranties)

What If the Builder Won't Fix the Defect?

If the builder won't fix the defect (or won't respond), follow this escalation process:

• 1. Follow up in writing — send a follow-up email referencing your original report and requesting a response
• 2. Escalate to the builder's office — if the site supervisor isn't responding, contact the builder's office or manager
• 3. Contact your state's building authority — they provide dispute resolution services:

State building authorities:

• Queensland — QBCC (Queensland Building and Construction Commission)
• New South Wales — NSW Fair Trading
• Victoria — BPC (Building and Plumbing Commission)
• South Australia — Consumer and Business Services
• Western Australia — Building Commission
• Tasmania — Consumer, Building and Occupational Services

4. Tribunal or court — as a last resort, take the matter to a tribunal (e.g. QCAT in QLD, NCAT in NSW, VCAT in Victoria) or court. The tribunal can order the builder to rectify the defect.

Dispute Resolution Process

State building authorities provide dispute resolution services:

• You lodge a complaint with the building authority
• The authority contacts the builder and requests a response
• The authority may inspect the defect (or request a report)
• The authority facilitates negotiations between you and the builder
• If the builder is found to be responsible, the authority orders rectification
• If the builder doesn't comply, the authority can take disciplinary action (fines, licence suspension)

If the Builder Is Insolvent

If the builder becomes insolvent during construction or while defects are still covered, the protection available depends on your state or territory. NSW uses Home Building Compensation (HBC/HBCF), while Queensland uses the Queensland Home Warranty Scheme. Other jurisdictions have their own arrangements. Check the cover for your project and contact the relevant regulator or insurer promptly.

Frequently Asked Questions