Two years or six: which NSW warranty applies to a defect
The Home Building Act sets two clocks, and the difference matters.
In short: How the major defect test decides whether you have two years or six.
Two periods
The Home Building Act 1989 provides statutory warranties of six years for major defects and two years for other defects, from completion.
The major defect test
Broadly, a defect in a major element that causes or is likely to cause the home to be uninhabitable or unusable, or to collapse or be destroyed. Waterproofing is treated as a major element.
Why the label matters
An item that is not major must be raised within two years. Waiting can cost you the right to have it fixed.
Evidence
Dated reports from stage and handover inspections show when an item was first identified.
Where to go
The builder in writing, then NSW Fair Trading, then NCAT's Consumer and Commercial Division.
Written by our local inspection team from work carried out in Gables. Licensed building practitioners, NSW Fair Trading licence 366177C.
