ConstructTrackPro› DefectClock› Warranty Calculator

Free Calculator · Residential Builds · All Australian States

Building Defect
Warranty Calculator

Enter your state, your home's completion date, and the type of defect. Instantly find out if your builder is still liable and exactly what to do next.

Is my builder still liable?

Residential construction only · All 8 Australian states and territories

The date your builder handed over the property — typically when the occupation certificate was issued. Check your handover documents if unsure. What if I don't know the exact date?

Not sure? See our defect classification guide →

Warranty nearly expired or builder refusing to act?

If your warranty is within 90 days of expiry, or your builder has refused to rectify a defect, specialist legal advice is urgent. Building dispute lawyers can issue formal notices, represent you at NCAT/VCAT/QCAT, and protect your rights before your window closes.

Request a Lawyer Referral Contracts Specialist →

Major vs non-major defects — examples by category

The classification matters — major defects carry a much longer warranty window in most states. If you're unsure, get an independent building inspection report before proceeding.

  • Foundation cracking, movement, or subsidence
  • Load-bearing wall cracks or separation
  • Roof structural failure — sagging, rafter cracking, collapse
  • Floor structural failure — bouncing, cracking, delamination of structural elements
  • Beam, column, or lintel failure
  • Retaining wall structural failure (if part of the build)
  • Shower leaks or bathroom moisture entering adjacent rooms or subfloor
  • Roof leaks — water entering the building through the roof covering
  • Balcony waterproofing failure — water penetrating through balcony into the structure
  • Window or door water ingress — not just condensation, but bulk water entry
  • Basement or subfloor moisture intrusion through walls or slab
  • External wall cladding water penetration (particularly relevant for rendered or clad homes)

Note: A dripping tap is not a waterproofing defect. Water entering the structure is the distinction.

  • Fire doors that do not close or latch correctly
  • Missing or incorrect fire separation between dwellings (particularly in duplexes, townhouses, or apartments)
  • Penetrations in fire-rated walls or floors not correctly sealed
  • Defective or missing sprinkler systems (multi-residential)
  • Non-compliant smoke detection or fire alarm systems
  • Cracked or chipped tiles — where there is no underlying movement or waterproofing issue
  • Paint defects — blistering, peeling, or poor coverage not caused by moisture
  • Gaps in cornices, skirting boards, or architraves
  • Sticking or poorly fitted doors and windows — where water is not entering
  • Dripping taps or slow drainage
  • Cosmetic finish defects — scratches, uneven surfaces, colour variations in rendered surfaces
  • Cupboard doors or drawer alignment issues

If a non-major defect also causes water damage or structural movement, it may escalate to a major defect — get an independent inspection.

Warranty periods at a glance

All periods run from the date of practical completion.

State Major Defects Non-Major Special Note
NSW6 years2 yearsHome Building Act 1989
VIC10 years2 yearsLongest in Australia
QLD6 yrs 6 mthsContract DLPQBCC system — complaint only
SA5 years12 monthsShorter than most states
WA6 years6 yearsSingle period — no major/minor split
ACT6 years2 yearsSimilar to NSW
TAS6 years2 yearsBuilding Act 2016
NT6 years2 yearsVerify current legislation

Common Questions

The 6-year figure is widely misquoted — including by some law firms. Victoria's Domestic Building Contracts Act 1995 (s134) specifies a 10-year warranty period for major defects. The confusion likely stems from the fact that the national average is 6 years, and many information sources conflate VIC with the other states. The correct period is 10 years from practical completion for major defects in Victoria.
Queensland uses the QBCC (Queensland Building and Construction Commission) system rather than a direct builder-vs-homeowner litigation model. Builders in QLD must be licensed with the QBCC and contribute to the Home Warranty Scheme. When you have a defect, you lodge a complaint with the QBCC rather than taking the builder to court directly. The QBCC investigates and can direct the builder to rectify — and if the builder defaults or cannot be contacted, the Home Warranty Scheme insurance kicks in. This system is unique to QLD and provides stronger consumer protection in practice, but has different time limits and processes.
When in doubt, classify upward — assert it as a major defect and document it as such. An independent building inspector can assess and classify the defect in a written report, which is the evidence you'll need if the builder disputes the classification. Courts and tribunals make their own classification determinations — if you dispute a classification, an experienced building lawyer can advise on the strength of your argument.
Not necessarily for the initial steps. The process starts with a written notice to the builder and a complaint to your state authority — you can do both yourself. Tribunals like NCAT and VCAT are designed to be accessible without legal representation for smaller claims. However, for complex defects, high-value claims, or if your builder is unresponsive, a specialist building lawyer significantly improves your chances of success and can prevent costly mistakes. Legal costs may be recoverable in some jurisdictions if you succeed.
Yes — statutory warranties apply to residential multi-unit developments in most states. For apartments, the date of practical completion for the building (not your specific settlement date) is the relevant date. In NSW, strata buildings also have additional defect inspection regimes under the Strata Schemes Management Act — consult your owners corporation and a strata lawyer for full advice on apartment defect claims.

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