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Posted 02 December 2014
Category: Building Defects
Short answer is yes, Why?
UNSW Research
Reproduced below is an extract from the University of New South Wales’ report dated May 2012 ‘Governing the Compact City’ by Hazel Easthope, Bill Randolph and Sarah Judd representing the answers from 1011 respondents to the question ‘To your knowledge, have any of the following defects ever been present in your strata scheme?’
Reproduced with permission of City Futures Research Centre.
Our Experience
In line with the above, some of the results from our experience are set out in the below table.
Locality | Approx number of Lots | Broad categories of defects | Approx rectification costs (excl. legal and expert costs) |
Ashfield Council | 160 | General and fire safety defects | $100,000 with rectification by the builder |
Auburn City Council | 80 | Water penetration, fire safety defects, cracking | $2,000,000 |
Bankstown City Council | 70 | Water ingress, tile defects, garage defects | $1,000,000 |
City of Canada Bay | 50 | Tiling defects, render defects, fire safety defects, water ingress | $900,000 |
City of Canada Bay | 70 | Waterproofing, cracking, landscaping | $150,000 |
City of Ryde Council | 30 | General building defects, fire defects | $300,000 |
City of Sydney | 15 | Waterproofing and incomplete works | $170,000 with rectification by the builder |
City of Sydney | 15 | Waterproofing, cracking, general defects | $2,500,000 |
City of Sydney | 30 | Cracking in the car parking slab | $400,000 |
City of Sydney | 30 | Water penetration, cracking, spalling render | $300,000 |
City of Sydney | 60 | Balcony waterproofing, window shutters, rusting balustrades | $1,500,000 |
City of Sydney | 60 | General and fire safety defects | $700,000 |
City of Sydney | 60 | Water penetration, cracking, render | $240,000 with rectification by the builder |
City of Sydney | 70 | Water penetration, cracking, fire safety defects | $2,000,000 |
City of Sydney | 90 | Water ingress, structural defects, balustrades | $3,000,000 |
City of Sydney | 100 | Water penetration, windows and tiling issues | $680,000 |
City of Sydney | 100 | Water penetration, cracking, spalling render | $250,000 |
City of Sydney | 130 | Water ingress from balconies | $800,000 |
City of Sydney | 130 | Window shutters corroding steel/columns, water ingress and fire defects | $1,500,000 |
City of Sydney | 230 | General building defects and fire defects | $2,500,000 |
Hornsby Shire Council | 170 | Balcony balustrades | $800,000 |
Hornsby Shire Council | 90 | Mechanical ventilation | $465,000 |
Hornsby Shire Council | 200 | Drainage, electrical and fire safety defects | $220,000 with rectification by the builder |
Lane Cove City Council | 15 | Fire safety defects, cracking, waterproofing | $800,000 |
Manly Council | 30 | General and fire safety defects | $1,300,000 |
Marrickville Council | 20 | Water penetration, cracking, render, water leeching | $350,000 |
Mosman Council | 20 | General and fire safety defects | $50,000 with rectification by the builder |
Newcastle City Council | 60 | Water penetration, cracking, fire safety defects | $2,500,000 |
Pittwater Council | 30 | Water penetration, cracking, render | $300,000 |
Randwick City Council | 40 | Fire safety defects, fire sealing, fire doors | $200,000 |
Randwick City Council | 40 | Water penetration, cracking, spalling render | $250,000 |
Randwick City Council | 50 | Major defects to roof, and general building defects | $4,000,000 |
Strathfield City Council | 50 | Cracking, non-compliant BCA items (stairs), fire defects, render cracking, rusted render angles | $950,000 |
Strathfield City Council | 80 | Water penetration, cracking | $1,200,000 |
Warringah City Council | 15 | Water penetration, Cracking, roof leaks | $850,000 |
Warringah City Council | 15 | Water penetration, cracking, tiles, waterproofing, balconies/roof | $700,000 |
Why take the risk? Why wait until the owners corporation is out of time to bring an action to find out what defects exist in your scheme?
Briefs to be issued by lawyers
So, owners should firstly have a lawyer consider the time frames for statutory limitations and brief a suitable expert to prepare a building defect report for reasons including:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.