Strata building defect claims
It is important that you get advice from a building law expert when making or facing a Strata Building Defect Claim.
Strata lots often face issues with defective building works, leading to significant financial strain for owners. This is especially true for larger strata schemes (4 or more stories) that do not benefit from home warranty insurance. Strata owners have been left with hefty repair bills due to poor-quality building work, promoting legislative changes designed to make it easier to hold the responsible party accountable.
Key Legislation in Defective Building Claims
Two crucial pieces of legislation have been amended and enacted to protect homeowners and ensure they can take legal action against builders, developers and other parties involved in the building works.
- The Home Building Act 1989 (NSW)
The Home Building Act governs all residential development in New South Wales. Under the Home Building Act, both the builder and developer of a strata lot are liable for up to 6 years for major defects and up to 2 years for non-major defects. It is extremely important to seek legal advice as soon as you become aware of any defects so that a claim can be made within time.
- The Design and Building Practitioners Act 2020 (NSW)
This more recent legislation introduces a statutory duty of care for anyone who has carried out building work. It holds builders and other practitioners accountable for any economic loss caused through negligence. The Design and Building Practitioners Act significantly broadens the scope of responsibility for those involved in building work and offers homeowners (including strata schemes), a potential avenue to recover losses—even if the builder or developer has become insolvent.
Why Choose Us?
Our team specialises in building law, with extensive experience in representing both strata owners and building professionals. We have won major claims for strata lots and successfully defended builders and developers in similar disputes. Let us help you achieve the best possible result, whether You are bringing a claim or defending one.
Contact us today for expert legal representation in strata building disputes.
Get in touch with the lawyers at CCS legal for building and construction advice.
- Suite 12.03, 50 Berry Street, North Sydney NSW 2060
- +612 9906 5255
- +612 9906 2311
- admin@ccslegal.com.au