What is the defects liability period?
It is a set period after completion during which the builder is responsible for fixing defects in their work.
The length is set by the building contract, and it is commonly somewhere between 12 and 24 months. Separately, state laws give owners statutory warranties that can run longer for certain defects. In NSW, for example, home building law provides longer warranty periods for major defects than for other defects.
The contract and the law work side by side, and the details vary by state and project. Owners corporations should get advice on their specific position.
This page is general information, not legal advice.
What should a new building track during the period?
Every defect, with enough detail that a builder or an adviser can understand it months later.
- What and where a clear description and the exact location
- When the date it was first reported
- Evidence photos and inspection notes
- Who was told when the builder was notified and how
- What happened attendance, repairs and sign-off, or why it is still open
Why does the record matter so much?
Because when a defect is disputed, the owners with the better record are in the better position.
Defects reported by email to whoever happened to be on the committee at the time are hard to piece together later. A single register, kept in the building's system, shows exactly what was reported, when and what the builder did about it. It also makes the handover between committees and managers much easier.
How does MYBOS help during the defects liability period?
Defects are logged and tracked like any other job, with the evidence attached.
Defects can be logged as cases with photos and locations, linked to the affected asset, assigned and followed up until they are closed. Inspections record condition with photos, and every action is time-stamped. For the defect workflow in detail, see our building defect management software page. For setting a building up at the start, see our building handover checklist.