Conveyancing

What is considered as a major building defect?

Published in: August 2017

Using s 18E of the Home Building Act 1989 (NSW) as our example, a major defect is defined as a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance of the Code.

A major element in relation to a building can mean the following:

·         internal or external load-bearing components of a building that is essential to the stability of the building, or any part of it, that can include, but not limited to foundations, footings, floors, walls, roofs, columns, beams;

·         fire safety systems;

·         waterproofing;

·         any other element that is prescribed by the relevant statute. 

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