Click here to call us +61 2 9929 0226

Enquire Now Knowledge Library

Knowledge Library

Filters

Reset

← Return to Knowledge Library

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 ā€œresidential building worksā€, 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.
resource thumbnail

This is an extract from our Bannermans Building Defects Guide ā€“ Part 1.

To access more FAQ'S on Building Defects fill in the below form to download our Bannermans Building Defects Guide ā€“ Part 1 for free.

Name(Required)
This field is for validation purposes and should be left unchanged.

Bannermans Lawyers

Published 20 May 2024