For all newly built properties there is a ‘defects liability period’ during which the builder is responsible for addressing any defects that arise. This period typically ranges from 3 to 12 months, commencing from the date of practical completion.
It is mostly used to address defects that arise due to poor workmanship or materials, such as paint marks, windows that don’t close, or maintenance issues. After the defects liability period, these issues are typically considered ‘wear and tear’.
For structural defects, recourse is available either through statutory warranties or your builder’s Domestic Building Insurance, depending on the type of property – more information on this below.
In either case, the sooner you report a defect, the greater the chances of rectification.
There are two types of defects to understand: common property defects, and private property defects.
It’s important to know that your Owners Corporation and The Knight cannot address private defects on your behalf.
However, we are here to answer your general questions about the defects process, should you require further information.
Common Property Defects.
If the defect is on common property, the Owners Corporation holds the responsibility and obligation to ensure rectification occurs.
Common Property defects should be reported as soon as possible to The Knight so we can advise on the next steps. This can be done via our website.
Private Property Defects.
Defects within private property (i.e. your apartment, unit or townhouse) must be reported directly to the original contractor, not via the Owners Corporation.
You will find the details to do so in the documentation provided to you at settlement.
Learn more:
How does this differ from general repairs & maintenance?
Once the defects liability period ends, any repairs and maintenance required on the common property should be reported to your Owners Corporation Manager (or your Building Manager in the first instance, if you have one)
Repairs and maintenance of your private lot is not the responsibility of the Owners Corporation and must be arranged by the lot owner.
If you are unsure if maintenance needs are private or common, we’ll be happy to assist. We can also work with your chosen contractor to provide access to common property, as required.
Owners Corporation Insurance
Your Owners Corporation insurance does not cover building defects. It is to cover the resultant damage of any insurable event, as outlined in your policy.
Warranties and Domestic Building Insurance
For properties 3 stories and under.
Domestic building insurance, previously known as ‘builders warranty insurance’, is required to be taken out by the builder on projects 3 stories or under. It covers up to $300,000 to fix structural defects for six years, and non-structural defects for 2 years.
It protects consumers in the event their builder or tradesperson cannot finish the building project or fix defects because they have:
- passed away
- become insolvent, or
- disappeared
For properties over 3 stories.
Section 8 of the Domestic Building Contracts Act 1995 provides a 10-year warranty on building works from the date of the Occupancy Permit or Certificate of Final Inspection.
These warranties apply regardless of:
- the cost of construction
- whether there is a written contract
If a defect is discovered, a formal written notice and request for rectification must be provided to the builder. See above headings on ‘Private’ and ‘Common Property’ defects to understand how The Knight can assist.
Report a Common Property defect.
Your Management Team.
Your Management Team consists of an Owners Corporation Manager, Owners Corporation Associate and Owners Corporation Accountant.
They are all assisted by our extensive Client Support Team.
We are available to help you with administrative, financial and secretarial matters, as well as maintenance and general enquiries in relation to your Owners Corporation.
You can get in touch by any of the below methods:
Email: theknight@theknight.com.au
Call: 03 9509 3144