Defective or Non-Compliant?

The Domestic Contracts Act 1995 defines the term ‘defective’ as;

a)       A breach of any warranty listed in Section 8 (Implied Warranties)

b)      A failure to maintain a standard or quality of building work specified in the contract.

Works that fail to meet the Implied Warranties, relevant Australian Standards, Product Installation Guides, and the Guide to Standards & Tolerances 2015 (GTSAT) should ideally be classified as Defective.

In addition, section 1.3.5 of AS4349.0 2007 Inspection of Buildings defines a defect as a ‘fault or deviation from the intended condition of material, assembly, or component”.

Non-Compliant building work is work that is in breach of the building laws and/or the building permit, which include the Building Act 1993, The Building/Plumbing Regulations 2018, and the relevant dated National Construction Code (NCC).

Currently building or renovating? It is the building surveyors role to ensure building work complies with the requirements of the building laws and building permit (ie Non-Compliant Works). However, it is not their responsibility to ensure that building work complies with the building contract (as this relates to Defective Works).

It is therefore sound due diligence to appoint a private building consultant or inspector to identify defective works during your build process!