When lodging a building complaint at the Building Commission, State Administrative Tribunal or Law court it is important to identify the building defect, who did the work and also the resultant damage so that an adjudicator can make an informed decision.
We see many cases where a home owner lodges a complaint for a leaking shower for example and at a tribunal hearing nobody knows 1. Who is responsible for the defect (was it from expected settlement, has someone cracked a tile after the builder finished etc..)
2. Where the defect is and WHY it is a defect. (simply stating the shower is leaking does not go far enough to state why the shower is leaking. The adjudicator may ask - yes the shower leaks but where is the water coming from- A blocked drain, a leaking pipe, a cracked tile, poor waterproofing??
3. What needs to be done to rectify the defect. Does the entire shower need waterproofing, or does a drain simply need to be unblocked?
So often we hear of cases where the owners have submitted a notice of proposed compliant, or lodged a complaint at the SAT or law court stating:
"Bathroom Tiling work is poor"
"The back door doesn't work"
"The Roof leaks"
None of these descriptions allows a third party to understand what is going on, who is responsible to rectify the work, and what needs to be done to rectify the work.
An expert witness report from a qualified building consultant will identify why the tiling work is poor (eg lack of control joints, chipping, loose /drummy tiles) and why this is considered defective (eg contrary to the manufacturers installation requitement) and what needs to be done to fix it (eg remove the tiles and install movement joints) and who is responsible to fix it.
In this way an decision can be made about the responsible party, why the product or installation is faulty, why (if any) breach of the building code etc is enforceable and what needs to be done to rectify the defect.
When preparing your complaint form, detailed information contained within an expert witness report such as we can provide is required to enable proper investigation of the complaint. Where these details are not provided, the Building Commissioner may refuse to accept a complaint.
Cracking can occur to many different building components for many different reasons. Cracking is expected to some degree, its whether or not the cracking is structurally significant which matters most. A few common causes are below and some ways to prevent them.
Cracking can occur through:
Thermal movement. (Expansion and contraction of materials from heat and cold). When building materials are installed without a gap or movement joint they will crack when the building component expands or contracts.
Very common in external tiles, internal tiles near windows (sunlight), internal tiles with sub floor heating, external pavements and external poured concrete. Can be prevented with adequate compaction of the substrate, proper thickness of the concrete slab or pavement, re-inforcement, control joints and isolation joints. Not normally a structural defect, however cracked tiles and grout in wet areas can lead to damage to the waterproof membrane and escaping water can cause structural issues.
Footing or foundation movement.
Common to houses where poor compaction has been achieved or reactive soils are in contact with the footings. Can result in stepped or vertical cracking to brickwalls, cracked plasterboard ceiling and cornice. Can be avoided by proper substrate preparation, isolating reactive soils from footings and slabs, isolating adjoining building components (movement joints). Can often be a structural concern especially when windows / doors are binding or one side of the wall is offset from the other at the crack or the cracking, or the external brickwork is cracked (allowing moisture in)
Differential building movement.
Different building components expand and contract at different rates. Timber flooring will swell in moist or humid environments, bricks will grow over time, slabs will settle, unseasoned timber will shrink, metal will expand and contract with changing temperature. Buildings must be constructed to allow for this expected movement.
In summary buildings will crack because they are expected to. The location of the crack may mean a structural defect which poses a risk of damage to the building, or to people or to the health of the occupants and will require rectification.
A report from a registered building inspection company will identify what has caused the cracking and if it could have been avoided by better construction practices If the building is less than 6 years old or is covered by an extended structural warranty then an expert witness report from us will assist you getting the builder to rectify the defect.
Rain gutters can be constructed from a variety of materials, including zinc, galvanised steel, painted steel, painted aluminium, plastic, and concrete.
Gutters must be installed with a "fall" so that water flows towards the down-pipe or drain connection. Gutters with inadequate fall will allow water to pond shortening the life of the gutter and creating a condition conducive to timber pest activity.
Different styles of gutter, known as profiles, are produced. A box gutter is a deep gutter which is concealed within the structure of the roof. Cold forming technology exists to allow continuous gutters to be created, on site, in long individual lengths suitable to roof edge conditions, thereby reducing joints along the length of the gutter. These mostly joint free gutters are referred to as "seamless", and available in various shapes, sizes, and finishes
Guttering should be installed by a licensed roof plumber. Having the correct roof plumbing will ensure that water will flow off the roof correctly in even the heaviest of rainfall, or if there is a water tank, that water catchment is maximised. The roof plumber will take the size, pitch and material of the roof into account when designing the appropriate water catchment or stormwater drainage system and also when selecting the guttering material as certain materials may be incompatible with each other and the roof covering.
According to BCA Vol 2 Part 3.5.2
"The roof drainage system including gutters and downpipes should be connected to a compliant stormwater drainage system and should be designed so that any overflow during heavy rain periods is prevented from flowing back into the building
Gutters, downpipes and flashings must:
• Be manufactured in accordance with AS/NZS 2179.1 for metal
• Be manufactured in accordance with AS 1273 for UPVC components and
• Be compatible with all roofing materials in accordance with BCA Vol 1 3.5.1.3
• Not contain any lead if used as part of a water catchment system.
Gutters must be installed with a fall of not less than 1:500 for eaves gutters, unless fixed to metal fascias and 1:100 for box gutters.
Eaves gutters must be supported by brackets securely fixed at stop ends and at no more than 1.2m centres.
Valley gutters on a roof with a pitch more than 12.5 degrees must have width of not less than 400mm and be wide enough to allow roof covering to overhang not less than 150mm each side of the gutter or if the roof has a pitch more than 12.5 degrees be designed as a box gutter.
Where high-fronted gutters are installed, provision, provision must be made to avoid any overflow back into the roof by installing slotted gutters or the like.
Downpipes must not serve more than 12m of gutter length for each downpipe and be located as close to possible to valley gutters and if more, provision for overflow must be made to the gutter Downpipes must be selected in accordance with the appropriate eaves gutter section.
Stormwater drainage systems are not designed to remove all of the water during exceptionally heavy rain. Accordingly, it is necessary to design and install the system so that when overflowing occurs any water is directed away in a manner which ensures that it does not pond against or enter the building. This may be achieved by using slotted gutters, oversized gutters and downpipes, locating the gutter so that it is below the top edge of the fascia or the installation of rainwater heads with overflow slots".
(1) The following warranties by the holder of a contractor licence, or a person required to hold a contractor licence before entering into a contract, are implied in every contract to do residential building work:
(a) a warranty that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract,
(b) a warranty that all materialssupplied by the holder or person will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the contract, those materials will be new,
(c) a warranty that the work will be done in accordance with, and will comply with, this or any other law,
(d) a warranty that the work will be done with due diligence and within the time stipulated in the contract, or if no time is stipulated, within a reasonable time,
(e) a warranty that, if the work consists of the construction of a dwelling, the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling,
(f) a warranty that the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if the person for whom the work is done expressly makes known to the holder of the contractor licence or person required to hold a contractorlicence, or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of the holder or person, the particular purpose for which the work is required or the result that the owner desires the work to achieve, so as to show that the owner relies on the holder’s or person’s skill and judgment.
(2) The statutory warranties implied by this section are not limited to a contract to do residential building work for an owner of land and are also implied in a contract under which a person (the "principal contractor" ) who has contracted to do residential building work contracts with another person (a "subcontractor" to the principal contractor) for the subcontractor to do the work (or any part of the work) for the principal contractor.
So what is covered?
Minor defects such as incomplete work or poor workmanship or minor oimmissions and workmanship which does not affect a major building element - see below- is covered for a minimum of 120 days (maybe more depending on your contract - but cannot be less).
Major defects are covered for 6 years from Practical Completion.
"major defect" means:
(a) a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance requirements of the National Construction Code (or any combination of these), and that causes, or is likely to cause:
(i) the inability to inhabit or use the building (or part of the building) for its intended purpose, or
(ii) the destruction of the building or any part of the building, or
(iii) a threat of collapse of the building or any part of the building, or
(b) a defect of a kind that is prescribed by the regulations as a major defect.
"major element" of a building means:
(a) an internal or external load-bearing component of a building that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams), or
(b) a fire safety system, or
(c) waterproofing, or
(d) any other element that is prescribed by the regulations as a major element of a building.
There are essentailly two reasons why you would have a building complaint. They are:
You have been adversely affected by building work (this can be a builder you hired or even one that your neighbours have engaged).
You have a contract dispute.
As set out in the Building Services (complaint Resolution and Administration Act 2011
Building Services Complaint:
A building service complaint must be made within 6 years after the completion of the regulated building service to which the complaint relates. This means 6 years from Pratccial Completion. It is interesting to note that a Building Services complaint may be made by sebsequent owners for a period of 6 years after PCI.
An example of a Building Services complaint is if the neighbours engaged a builder to construct a new home and the stormwater drainage is affecting your property.
Another example is if you hired a builder to install some new windows and they have begun to crack within 6 years.
If the builder attends to fix something, you get another 6 years waranty
A Breach of Contract:
You have 3 years to lodge a claim for a contract dispute.
An example may be that you requested a specific brand of tile and it was not installed or the builder did not finish the home building work on time.
0401 953 226
We undertake Building Prepurchase Inspections to all areas in Perth, Western Australia
