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Category: Building Defects

What do I do if my statutory warranty period has passed?

Building Defects, eBooks

Posted 18 May 2024

If the statutory warranty periods have expired, including the 6 month extension, you cannot make a claim under the HBA, but may be able to pursue a cl…

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What happens to my tenant if a defect is found?

Building Defects, eBooks

Posted 19 May 2024

Tenants have the right to reasonable peace, comfort and privacy when renting. The law restricts when and how often landlords, agents or their authoris…

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What happens if a tenant does not make me aware of a defect?

Building Defects, eBooks

Posted 19 May 2024

If your tenant does not make you aware of defects in your apartment, and the statutory warranty periods have expired, you cannot seek the rectificatio…

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Building Defects – Is there a way to prevent or stay on top of this?

Building Defects, eBooks

Posted 19 May 2024

We suggest the following actions to be undertaken to avoid losing recovery rights within the required time periods: Obtain early legal advice as to th…

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Building Defects – Where does insurance come into the picture?

Building Defects, eBooks

Posted 19 May 2024

Building contracts for residential building work are required to include Home Owners Warranty Insurance where the strata scheme building is three stor…

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Should New Owners Corporations Obtain Building Defects Reports

Building Defects, eBooks

Posted 19 May 2024

Yes. Whilst defects in some cases are easily identifiable, what is often the case is that defects are not known until they manifest physical signs or …

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What is the Process of Rectifying Defects?

Building Defects, eBooks

Posted 19 May 2024

Bannermans providing advice and determining who is responsible for the defect and the statutory warranty period. Bannermans attempting to settle and r…

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Building Defects – Does it differ if I live in a house or in strata?

Building Defects, eBooks

Posted 19 May 2024

The statutory warranties apply to “residential building works”, so owners in houses or units have the same legal recourse under the HBA. The only …

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