A case study:
A 3 year old home in Perth's southern suburbs has become affected by high moisture levels within the brick wall cavities as evident by water damage to the interior walls. SHS Building Consultants was engaged to undertake an inspection to determine the cause of the damage.
The SHS building inspection revealed:
- That the Colourbond (R) roof installed to the residence is allowing water to leak into the residence due to an insufficient overhang into the gutters.
- Moisture entering the roof cavity is allowing moist conditions within the home which is causing mould damage and other moisture related damage to the internal building components.
The SHS Building report stated that:
The Building Code of Australia Volume 2, Performance Provision P2.2.2 requires:
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.
The builder has failed to prevent the penetration of water into the residence, therfore defective building work is implied.
What next?
The Building Code of Australia performance provisions are referenced within the Building Act 2011 and therefore the requirement is enforceable by law. The report from SHS Building Consultants was submitted to the builder to rectify.
If the builder refused to rectify the defect then the report may be submitted to the Building Commission of Western Australia as part of a building complaint. The Building Commission may then:
- order the parties attend conciliation if it appears to the commissioner worthwhile to do so;
- dismiss the complaint
- make a building remedy order or home building work contract order (up to a limit of $100,000 for rectification work or $500,000 of payments); or
- if the matter is too complex or outside of the monetary limits above, refer a dispute to the State Administrative Tribunal.