We are often asked why the building code doesn't explain in details how buildings are to be constructed (ie how to install ceramic floor tiles to prevent water escaping?).

Simply put the Building Code of Australia (also known as the National Construction Code - or N.C.C) is a performance based list of requirements which does not contain a lot of specific information on HOW to achieve those performance requirements. The expected performance is based on the probability that something untoward may occur as the result of the building work not being undertaken in a proper and tradesman like manner. To establish the method for writing an expert witness report I will use the example of water ponding on a shower recess floor, creating a slip hazard.

We are often asked why the building code doesn't explain in details how buildings are to be constructed (ie how to install ceramic floor tiles to prevent water escaping?).

Simply put the Building Code of Australia (also known as the National Construction Code - or N.C.C) is a performance based list of requirements which does not contain a lot of specific information on how to achieve the performance requirements.  The expected performance is based on the probability that something untoward may occur as the result of the building work not being undertaken in a proper and tradesman like manner. To establish that there is a defect I will use the example of water ponding on a shower recess floor, creating a slip hazard.

The Building Code of Australia states:

"O2.2
The Objective is to—
(a) safeguard occupants from illness or injury and protect the building from damage caused by—
(i) surface water; and
(ii) external moisture entering a building; and
(iii) the accumulation of internal moisture in a building; and
(iv) discharge of swimming pool waste water; and
(b) protect other property from damage caused by—
i) redirected surface water; and
(ii) the discharge of swimming pool waste water"

This really just means that the tiles must be laid so that nobody gets hurt and no property is damaged as a result of the installation.

You will note that at this stage we only know that there is a defect because water is ponding or pooling on the floor. We know that the BCA states that this should not occur, but we have no idea what may have been done differently.

To do this we look at the Australian Standard for Waterproofing. Compliance with The Australian Standard is not necessarily a mandatory requirement but we can learn what is an industry accepted method of achieving compliance with the BCA (which is a mandatory requirement)

The standard states:

“3.4 Shower Floors

Falls in shower floors shall be sufficient to prevent—

(a) surface water from being retained on the shower floor (except for residual water remaining due to surface tension); and

(b) water from discharging outside the shower area..”

So now we know that the water is ponding on the shower floor which is a slip hazard - contrary to the requirements of the BCAand we know what could have been done to ensure that the tiles were not installed as a slip hazard. In this way we have established what is defective, why it is considered defective, and what should have been done in the firts place. This is the format of an SHS expert opinion report which may be used at the Building Commission of Western Australia.

There is not likely to be a too many large scale projects that you may consider to undertake in your life than when deciding to build a home. Building a new home can be financially and emotionally demanding and require a significant amount of your time. Many people state that they have become somewhat reluctant experts during the build. We have found that the stress and confusion can be somewhat eleviated by employing a building consultant, who is an expert in such matters to assist and advise you. 

• The contract.

Building Contracts are usually very generic and most homes in Perth are constructed under a HIA Lump Sum Building Contract which has been written in compliance with legislative requirements. You may find that this and other contracts may seem daunting at first, especially with the new words and terminology with which you may not be familiar. The best advice  is to read the contracts fully and ask for clarity regarding any questions you may have - or contact SHS building Consultants for advice. The second piece of advise is to include your own requirements within the contract such as specific brands or even penalties for time delays where you may be out of pocket if the building is not constructed on time.

• What is the Building Commission?

Western Australia’s Building Commission oversees the regulation of building, painting, building surveying and plumbing services. The commission is the regulatory body for building work, building professional and consumer complaints.

• What if the home building work is poor or defective?

Speak with your builder and document the alleged defect. If you do not consider your builders response to be appropriate then organise an independent building inspection. If the builder maintains that there is no defect then you may need to contact the Building Commission of W.A.

It is important to note that Nonregulatory bodies such as the HIA exist primarily to represent members of the organisation- which are the builders and building professionals-who have paid for membership. It is suggested that if you have a complaint regarding workmanship and defects during the build, you should first contact your builder, or organise an independent building inspection of the alleged defect to ensure that the assessment is an independent one.

Contact SHS Building Consultants for clarity on where to find this information, or for specific advice.

• How can I be sure the build is going well and that there are no defects

Organise an independent building inspection at any time of the build to ensure that everything is going well and also to ensure that your concerns are being met.