Handover is the point where most builders consider the job done. For the new owner, it is the start of a different kind of attention. Defects surface in the weeks and months that follow, and if you miss the windows in which your builder is legally required to fix them, the cost falls to you. Understanding those windows and what to look for inside them is practical knowledge every new home buyer needs.
Knowing What the Defects Liability Period Actually Covers
The defects liability period, often called the DLP, is the window immediately after practical completion during which your builder must return and fix defective work at no cost to you. In Australian residential contracts, the DLP typically runs from 13 weeks to six months, though this varies by state and by the specific terms of your contract. It covers workmanship and materials that fall below the contracted standard. It does not cover fair wear and tear, damage caused by the owner, or items chosen through PC allowances that have simply worn poorly.
Understanding Statutory Warranty and How Long It Lasts
Beyond the DLP, most states provide statutory warranties under home building legislation. These extend considerably further and cover more serious failures. In most states, minor defects carry a two-year warranty from the date of completion. Structural defects are covered for six years in most states and up to ten in some. A structural defect is broadly defined as one that affects the load-bearing elements of the home or renders it unfit for occupation. Knowing which category your issue falls into determines both how much time you have and who is responsible.
Inspecting the Right Places Before the Clock Runs Out
Most defects surface in predictable locations. Waterproofing failures in wet areas are among the most common and the most expensive to repair. Check shower recesses, balconies, and laundries for soft or hollow tiles, staining on adjoining surfaces, or any trace of moisture odour. Examine doors and windows for gaps, racking, and poor seals. Look at external brickwork for cracking that follows a stepped or diagonal pattern, which can indicate movement in the footing system below. Test every tap, exhaust fan, and power point. Photograph anything irregular and record the date.
Catching Dual Occupancy Defects Others Miss
A dual occupancy build carries a larger inspection burden because there are two complete dwellings to assess. Party walls and shared rooflines introduce additional complexity: acoustic separation failures, flashing defects, and drainage problems between the two dwellings can be harder to identify and easier for a builder to dispute without thorough documentation. Inspect both dwellings independently, treat each as its own checklist, and record any defects in shared elements separately so the scope of each issue is clearly attributed.
Acting Before the Builder’s Obligation Expires
Put defect notices in writing and send them before the DLP expires. A verbal conversation does not create a legal record. Reference the contract, describe each defect in plain terms, and attach photographs. If the builder does not respond within a reasonable timeframe, most states provide a building disputes tribunal or licensing authority you can approach. The earlier you document and report problems, the less room there is to dispute the builder’s liability.
