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

Posted 20 May 2024

Category: Building Defects, eBooks

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

The only difference between claims in strata and non-strata include:

  • Lot owners have legal recourse in strata only for lot property defects.
  • Lot owners can make a complaint about the builder to NSW Fair Trading about common property defects but cannot commence proceedings for those common property defects.
  • An Owners Corporation has legal recourse only for common property defects.
  • There is no distinction between lot property and common property in non-strata properties.
  • An owner of a house will usually have a contract with the builder whereasowners in strata will usually not. Therefore, owners of non-strata propertieswill also have recourse for breach of contract.
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This is an extract from our Bannermans Building Defects Handbook.

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Bannermans Lawyers

Published 20 May 2024