The changes to the home building act originally scheduled for 1 December 2014 have been officially scheduled for release in two stages in 2015.
15 January will be the first round of changes coming into effect that will deal with statutory warranties and the altering of the term “structural defect” to a warranty for a “major defect” in a “major element”, which in laymen’s terms is basically a severe defect.
1 March will ring in the changes that affect contracts, progress payments and sub-contractors now becoming liable for defects.
A link to the Fair Trading website that details the changes can be found here:
Bannermans Lawyers have also prepared a simple guide to the changes that can be accessed here.
If you have concerns over an existing contract, defects or other building issues at your property, you should immediately consult with your Strata Manager and possibly seek urgent legal advice. It is best to contact your Strata Manager in the first instance.
The general view of the Strata Industry seems to be that these changes do not have the best interest of consumers in mind, and that the real winners will be the building industry. Time and future litigation will tell in the end. We suggest that owners thoroughly review contracts and understand their rights when dealing with any new building works or new building developments to best protect your interests.
To access our original article on this topic you can click here