Six years and two years: the clock on a NSW build
Which category a defect falls into decides how long you have.
In short: Statutory warranties under the Home Building Act do not last forever, and the two year window goes quickly.
The two periods
Six years for major defects and two years for everything else, running from completion, under the Home Building Act 1989.
What counts as major
Broadly a defect in a major element that makes the home uninhabitable or unusable for its purpose, or threatens collapse.
Why the category is contested
Because it decides whether you are inside the window. A builder has an obvious interest in an item being minor.
What a report does about it
Cites what the defect is and what element it affects, in terms that let the category be argued on the facts.
The practical advice
Get a written list before the two year mark. An item raised in writing inside the period is a different conversation to one raised after it.
Written by the Owner Inspections team from inspections carried out in Box Hill. Licensed building practitioners, NSW Fair Trading licence 366177C.


