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Thursday, April 09 2015

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.

Posted by: AT 05:17 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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