How Long Does a Builder Have to Fix Defects in Victoria? Here's What Every Homeowner Should Know

Discovering defects after your home has been built or renovated can be stressful, but Victorian homeowners do have legal protections.

In Victoria, builders are generally required to rectify defects that arise during the applicable warranty period under the building legislation. There are 2 tiers of defects — major and minor/other defects.

The Warranty Periods

For major defects, the statutory warranty period is 10 years from the date the occupancy permit or certificate of final inspection is issued. For all other defects, the warranty period is 2 years.

If a defect becomes apparent in the final six months of the relevant warranty period, homeowners may have an additional six months to commence a claim. However, it’s always best to act as soon as a defect is identified rather than waiting until the warranty period is close to expiring.

Start With Clear Communication

The first step should always be to notify your builder in writing, clearly outlining the defects and providing a reasonable opportunity for them to inspect the work and carry out any necessary rectification. In many cases, defects can be resolved through clear and open communication between yourself and your builder.

You must give the builder reasonable access to the property to inspect and evaluate. It also helps to be reasonable with timing; if you have not spoken with your builder since handover and it is now almost 2 years on, it may be unreasonable to expect a same day attendance. Of course, if the matter is urgent or a safety issue, then same day attendance may be necessary. It really will come down to the defect.

Keep a Paper Trail

It is very important to keep a paper trail of your interactions with the builder regarding defects. Keeping detailed records, photographs, inspection reports and copies of all correspondence will strengthen your position if the matter escalates.

If the Builder Refuses to Fix the Defect

If the builder refuses to fix the defects or the matter cannot be resolved, there are formal avenues available, including assistance from the relevant Victorian building authorities.

It may be necessary for you to get an independent report confirming that the defect exists. If the matter cannot be resolved between the parties, the homeowner can apply to the Building and Plumbing Commission (BPC, formerly DBDRV) for dispute resolution assistance. The BPC provides free, impartial conciliation and can issue legally binding dispute resolution orders.

If settlement is not reached through the BPC, or if the builder does not comply with a dispute resolution order, the owner will be given a certificate that allows them to commence proceedings in the Victorian Civil and Administrative Tribunal (VCAT).

Most Defects Get Fixed Quickly

Most builders will address defects promptly, but there are legal safeguards in place if your builder refuses to address a defect. If you:

• highlight defects promptly and in writing;
• get an independent report if necessary;
• are open in your communication; and
• keep a paper trail,

then most homeowners do not have to escalate the matter and can have defects fixed quickly.