Be proactive when dealing with defects
APARTMENT building owners and managers in Queensland strata schemes need to be proactive and fully aware of the time limitations to lodge complaints if they suspect there has been defective construction work on their property, says Archers the Strata Professionals.
Archers the Strata Professionals Partner, Grant Mifsud, said defects are an ongoing issue in many strata schemes which also need to be approached in different ways depending on the type of building involved and defect classification.
"As we have seen this year with the structural issues affecting apartment buildings in Sydney and Melbourne, defective construction work is a major issue for apartment owners and building managers and the cause of considerable stress," he said.
The Queensland Building and Construction Commission (QBCC) is the government organisation in place to assess complaints of defective work which can include structural problems or leaks causing health and safety issues.
The Body Corporate can submit a complaint to the QBCC within six years and six months from when the building work is completed and within 12 months of noticing the defect.
But Mr Mifsud said the complaint process can sometimes be very restrictive, particularly with accurate timing of complaint lodgement.
"If a complaint is not lodged in time, the QBCC may refuse to provide coverage under the Home Warranty Insurance scheme and a direction to rectify to the builder, even where it would otherwise have been available if lodged in time," he said.
"Therefore, if a strata scheme notices a defect, especially a structural defect, it is critical that the complaint is lodged well in advance of the deadline, which starts again after any defect repairs have been completed."
Mr Mifsud said depending on the severity and complexity of the defect, a strata committee may consider obtaining an independent professional defect report to support the defect complaints that may otherwise be disputed or dismissed if not properly substantiated.
"The engagement of a professional to not only prepare a report but to also lodge the complaint can assist with taking the emotion out of the issue that can be frustrating for unit owners that just want their homes to be fixed and not leak," he said.
Mr Mifsud said there is limitations on the building types that the QBCC can rule on under the Home Warranty Insurance scheme for domestic building works carried out on buildings that must be "no more than three storeys".
He said the Queensland government has proposed strata law reforms that include a recommendation to adopt a compulsory and proactive approach to defect management for new strata buildings. This will involve the option to consider engagement of a building professional to complete a defects inspection report at the second annual general meeting.