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Pre Purchase Inspections and Practical Completion Reports Perth

W.A. Building Service Provider License # 14348

Email: christian@shsbuildingconsultants.com.au

0401 953 226

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Wednesday, September 16 2015

Improving BCA understanding - how can we help?

There are building inspectors (both registered and unqualified) operating in Western Australia without experience in matters of identifying defective building work. As a result The BCA is often misquoted and often misunderstood within inspection reports (and in turn by construction supervisors and managers) and this can generate unnecessary costs for unnecessary rectification work.

Flashings – an example

A single storey full brick house has several windows along an elevation which is not adequately protected by an eave. The building inspector has noticed that there are no sill or head flashings to the windows and has written this as a defect in his report. He has stated that the windows do not meet the BCA requirements. The owners of the house are now demanding the windows are removed and the flashings installed because their building inspector has identified the omission as a defect.

Was the inspector right? What does the building code say?

Volume 2 of the Building Code of Australia outlines the structural performance requirements of building work in Australia. Since 2011 the BCA has shied away from explaining how building work must be undertaken, and instead allowed for alternative solutions, providing that the performance requirements are met. In the past requirements for the construction of eaves, window heights and flashing requirements to prevent water entry were stated in the BCA - but not anymore. Currently and into the foreseeable future, the BCA performance requirements state the minimum requirements for acceptable building work as far as the The BCA is concerned.

In regards to weatherproofing of wall openings performance requirement BCA 2.2.2 Weatherproofing states:

“P2.2.2 Weatherproofing

A roof and external wall (including openings around windows and doors) must prevent the penetration of water that could cause—

(a) unhealthy or dangerous conditions, or loss of amenity for occupants; and

(b) undue dampness or deterioration of building elements.”

What this means is that unless water has entered around the openings (a) or caused unhealthy conditions or dampness (b) there is no defect implied in accordance with the BCA requirements.

What else does the BCA say about weatherproofing?

“Part 3.3.1.0

Performance Requirement P2.1.1is satisfied for unreinforced masonry (including masonry-veneer) if it is designed and constructed in accordance with one of the following:

(a) AS 3700.

(b) AS 4773 Parts 1 and 2.”

*(Performance Requirement P2.1.1 lists the requirements of building Stability and resistance to actions and includes - among other things- resistance to rainwater action.)

AS 3700 Masonry Structures 4.7.3 Damp Proof Courses and Flashings states:

“4.7.3 Damp-proof courses (DPCs) and flashings

DPCs or flashings shall be incorporated into masonry construction where it is necessary—

(a) to provide a barrier to the upward or downward passage of moisture through masonry;

(b) to prevent moisture from entering into the interior of a building from the exterior;

(c) to prevent moisture passing across a cavity to the inner leaf; or

(d) to shed moisture through masonry to the outer face.”

It is considered that most regular window installations will automatically satisfy Australian Standard 3700 (and therefore the performance provisions of the BCA) because:

Part (a) is satisfied providing that the gutters above have overflow provision and adequate drainage. (No water can tip into the cavity from above).

Part (b) is satisfied if the sills have fall away from the window, there is adequate sealing around the window / frames and the provision of weepholes to the window frame.

Part (c) is satisfied if the window has fins.

Part (d) is satisfied if there are weepholes at the base of the wall.

Summary:

If the windows are not leaking and the windows satisy AS 3700 part 4.7.3 - there cannot be a breach of the BCA performance requirements therefore there can be no defect with reference to the BCA.

No rectification work (with reference to the BCA) needs to be undertaken.

Posted by: SHS Admin AT 05:13 pm   |  Permalink   |  Email
Wednesday, September 02 2015

Your Builder has 120 days (minimum - you may have more check your contracts) from the date of practical completion to rectify any incomplete building work or defective building work which is not structural by nature. What most people don't realise is that you have 6 years to seek a remedy in relation to your building contract. An inherent part of any building contract in Western Australia is that the building work must be undertaken in a proper and proficient manner. What this means is that even after the defects liability period your builder is still responsible to rectify defective building work. 

In addition to the 120 days Your builder has 6 years from the date of Practical Completion to rectify any structural defect with the building.

Contact an SHS Building Consultant for an overview or arrange an inspection.

Posted by: AT 04:30 pm   |  Permalink   |  Email
Wednesday, September 02 2015

The definition of what is a structural building component and therefore what is a structural defect is a hotly debated issue in Western Australian construction.

The problems arise when a contract for the purchase of a new home may state that structure is the load bearing components of a building only. Whereas a contract for building a new building may refers to those type of components which serve to support the structure of a building as being structural elements. Some building legislation goes even further to states that anything which forms or effects the structural building components is considered a structural building component! This all may seem confusing.....

...SO what does this mean for you?

1. We know that brick walls, concrete slabs (the structural part) and roof frames are most certainly  structural building components.

2. We also know waterproofing (showers and wet areas) and weatherproofing (windows and roof coverings) should be considered secondary structural components. This is because although they do not provide shape or directly  support the structure of the building, failure will cause a loss of amenity and damage to structural building components over time if left unchecked.

3. Internal doors, cabinetry, floor tiles are non- structural.

*****But remember regardless of whether the component is structural of not you are still protected by consumer law to get defective work rectified for 6 years regardless whether it is structural or not.******

Contact SHS building Consultants to find out how this may affect you!

Posted by: AT 04:00 pm   |  Permalink   |  Email

Time limits on complaints for Building Work.

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.

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