What to do when a builder or developer fails to fix strata building defects within warranty period

ACT
Maintenance & Common Property
question
Lookupstrata community member

What can we do when the Builder/developer does not fix the defects? Despite numerous attempts to contact, they refuse to respond to requests.

answer
Nina Cannell
Nina Cannell Signature Strata

It is important that an Owners Corporation follow the necessary steps in documenting building defects and reporting them to the builder within the building warranty period

All buildings are subject of statutory warranties under the Building Act, and it is important that an Owners Corporation follow the necessary steps in documenting building defects and reporting them to the builder within the building warranty period.

There are varying options available to the Owners Corporation to address building defects, including Rectification Orders (under COLA) and Litigation. Without knowing the nature of the defects and other relevant factors, it is very difficult to provide any specific advice.

The safest approach is to seek formal advice relevant to your individual circumstances and follow the advice of the experts in their field. Your strata manager should be able to point you in the direction of reputable defect specialists and construction lawyers.

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