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Defective building work

The Rectification of Building Work policy provides information on when we investigate defective building work.  QBCC classifies defective building work into 2 categories:

  • Category 1 – e.g. leaking roof, leaking shower, health and safety issues
  • Category 2 – e.g. sticking doors or windows, minor cracking of plasterboard.

Complaint timeframes

Category 1 Defective Work

Category 2 Defective Work

The owner can complain within 6 years 3 months from when the work is completed and within 3 months of noticing the defect.

As a contractor, you provide a 6 month statutory warranty from the date of practical completion for Category 2 defects. If the owner notices a defect within the first 6 months, they can request (in writing), that you fix the defect.

If the defect is not fixed after 6 months (the expiration of the warranty period), the owner can lodge a complaint to QBCC. Complaints must be lodged no later than 7 months from completion of the work.

Complaints made to the QBCC

The following process occurs once a complaint is lodged:

  • Assessment — an Assessment Officer is assigned to the case and will contact the owner to discuss the complaint.
  • Negotiation— Once the complaint  has been assessed , the Assessment Officer will contact you to attempt to mediate an outcome. If this is unsuccessful, a QBCC Building Inspector or Technical Consultant may undertake a site inspection.
  • Resolution – Following a site inspection we may issue a direction to you to rectify defective building work. In most cases this requires a 28 day minimum rectification period. If you fail to comply with a direction:
    • we may commence disciplinary action in the QCAT or Magistrates Court.
    • For residential construction work (covered by a Certificate of Insurance) the work may be rectified as a claim under the insurance policy.

Your Guide to QBCC's Resolution Services Process provides more information

Complaints we do not investigate

We generally do not investigate:

  • Complaints where the work value is $3,300 or under (including labour materials or GST) – excluding plumbing, drainage, gas fitting, termite management system installation, building design and completed building inspections which can be investigated regardless of the value
  • Complaints about electrical work
  • Complaints about meeting contract conditions or payment disputes. Please refer to Payment Issues for more information

The Queensland Building and Construction Commission Regulation 2003 - s5 outlines the full list of work we cannot help with.

Your privacy

Information you provide during the dispute process is kept confidential but may be subject to access under the Right to Information Act 2009. This includes documents supplied and information gained during the resolution process.

Information is only released in accordance with the Act and QBCC's Right to Information Policy

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated
17/02/2014 7:31 AM

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