New Home Defect Liability Period WA

New Home Defect Liability Period WA: What to Check Before 4 Months

Moving into a newly built home should feel like the end of the building process. In reality, it is often the beginning of another important stage.

A hairline crack may appear above a doorway. A bedroom door that worked perfectly at handover might begin catching on its frame. Heavy rain may reveal a roof leak or drainage problem that simply wasn’t visible when the home was inspected before handover.

This is why the new home defect liability period in WA is important.

Under the Home Building Contracts Act 1991 (WA), defects in home building work that are notified to the builder in writing within four months from practical completion fall within the statutory minimum defects liability period. A building contract can provide a longer notification period.

For homeowners, those first few months provide an opportunity to live in the property, see how it performs and identify defects that may not have been apparent during the practical completion inspection.

As registered builders carrying out new construction inspections in Perth, we regularly see defects that only become noticeable once a property has been occupied and exposed to everyday use and changing weather conditions.

What Is the New Home Defect Liability Period in WA?

Section 11 of the Home Building Contracts Act provides that a builder is liable to make good, at the builder’s cost, defects in home building work that are notified to the builder in writing within four months commencing on the day of practical completion.

The legislation also allows a building contract to provide a period longer than four months.

That makes two things particularly important.

Firstly, the four-month period starts from practical completion. It does not necessarily start on the day you physically move into the property.

Secondly, defects need to be notified in writing.

Your individual building contract should therefore be checked for clauses relating to defects, maintenance periods or defects liability periods. Some contracts may give homeowners longer than the statutory four-month minimum.

Record your practical completion date and the applicable notification deadline early rather than trying to work it out when the period is almost finished.

What Is Considered a Defect?

For the purposes of section 11, the Act describes a defect as a failure to carry out the work in a proper and workmanlike manner and in accordance with the contract, or a failure to provide materials of merchantable quality that are reasonably fit for their intended purpose, subject to the contract.

Not every small change in a newly constructed home automatically means defective workmanship.

New buildings experience some movement as materials dry, temperatures change and the home begins being used. The important issue is determining whether something is normal building movement or whether it indicates defective workmanship, installation or construction.

That distinction is one of the reasons an independent inspection can be useful.

Defect Liability Inspection vs Practical Completion Inspection

A Practical Completion Inspection in Perth is normally carried out before or around handover.

Its purpose is to identify incomplete work, visible defects and items requiring attention before practical completion is finalised.

A defect liability inspection happens after practical completion, once the owner has had an opportunity to live in the property and the building has been exposed to normal use and weather.

A PCI and a defect liability inspection are therefore not the same inspection performed twice.

A PCI is effectively a snapshot of the building at practical completion. A later inspection gives the building time to demonstrate how it performs once it is occupied.

If your home has not yet reached practical completion, see our Practical Completion Inspections Perth service.

For homes still under construction, our New Construction Inspections Perth cover key building stages before work becomes concealed.

Why Do New Home Defects Appear After Handover?

A newly completed house is not completely static.

Timber, plasterboard, brickwork, render, cabinetry and other materials respond to changes in temperature and moisture. Minor building movement can occur. Doors and windows begin receiving daily use. Plumbing fixtures that were previously used occasionally are suddenly operating every day.

The home is also exposed to weather conditions that may not have occurred before handover.

A roof can look completely satisfactory during a dry period but reveal water entry during the first significant storm.

Similarly, surface drainage might appear acceptable until prolonged rain shows that water is ponding against the house or flowing towards the building instead of away from it.

Living in the home effectively puts many building components through their first period of sustained real-world use.

Common New Home Defects We Find in Perth

Every property is different, but there are several areas worth monitoring during the first few months after practical completion.

Cracking to Brickwork, Ceilings and Cornices

Minor cracking can occur as a new building goes through its initial movement and drying cycle.

Hairline cracks may appear at plasterboard joints, cornices, around openings or between different building materials.

However, cracks should still be monitored.

Particular attention should be given to cracks that are increasing in width, recurring after repair or following a stepped pattern through brickwork or mortar joints.

Take clear photographs when a crack first appears. Including a ruler or another scale reference can help demonstrate whether the crack is changing over time.

If cracking appears significant or continues to worsen, MBI also carries out building inspections in Perth for homeowners requiring a more detailed assessment.

Doors and Windows That Bind

A door that operated normally at handover may start rubbing against the frame or become difficult to latch.

Check internal doors, external doors, wardrobes, sliding doors and windows.

Binding can sometimes be the result of a relatively simple adjustment. In other situations, it may indicate movement within the surrounding structure or frame.

Rather than simply noting that a door “doesn’t work”, record where it contacts the frame and whether the problem is getting worse.

Roof and Ceiling Leaks

Roof leaks are a good example of a defect that may not become apparent until after practical completion.

Look for:

• water staining to ceilings
• bubbling or discoloured paint
• damp patches
• water marks around ceiling penetrations
• signs of moisture inside accessible roof spaces.

Water entry can originate from roof penetrations, valleys, flashings, gutters and other roof junctions.

Importantly, the point where water becomes visible inside the house may not be directly below the point where it entered the roof.

Roof spaces can also present safety risks, so difficult or unsafe areas should be left to appropriately experienced inspectors or trades.

Plumbing and Wet Area Defects

Bathrooms, laundries and kitchens receive much heavier use after occupation than they generally do during construction.

Keep an eye out for:

• leaking taps or fittings
• water escaping from shower areas
• ponding water
• damaged or separating silicone
• cracked or loose tiles
• movement to grout joints
• swollen skirting or cabinetry
• dampness on walls adjoining bathrooms
• recurring moisture smells.

Water-related defects are particularly important because a relatively small leak can cause significant secondary damage if it continues unnoticed.

Drainage and Water Around the Home

The first significant period of rain can reveal drainage problems that were not obvious at handover.

After rainfall, walk around the property and check whether water is draining away effectively.

Look for water:

• ponding beside the house
• accumulating near the slab edge
• overflowing from gutters
• discharging incorrectly from downpipes
• collecting on paving
• flowing towards the building rather than away from it.

Be aware that landscaping carried out after handover can alter ground levels and drainage around a property.

Changes made by the homeowner or landscaper after construction can therefore complicate responsibility for later drainage problems.

Tiling, Cabinetry and Internal Finishes

Not every defect is structural.

Some of the most common post-handover items involve finishes and fittings.

Open and close every cabinet door and drawer. Check soft-close mechanisms, benchtop joints, splashbacks, skirting boards, architraves and cornices.

Watch for:

• loose or cracked tiles
• deteriorating grout
• separating silicone
• cabinet doors dropping out of alignment
• lifting finishes
• paint blistering
• cracking around internal finishes.

It is much easier to deal with twenty clearly documented small defects than to tell the builder several months later that there were “lots of little problems”.

When Should You Book a New Home Defect Inspection?

There is no single inspection date that suits every home.

The objective is to allow enough time after practical completion for defects to become apparent while still leaving enough time to document them and notify your builder within the applicable period.

For a contract using the four-month statutory minimum, that generally means avoiding both extremes.

An inspection immediately after handover may be too early for certain movement, drainage or weather-related defects to appear.

Waiting until the final few days creates the opposite problem.

If something more significant appears — such as active water entry, substantial cracking, persistent dampness or a serious drainage problem — there is little benefit in waiting for a scheduled inspection date. Raise the issue promptly.

The important point is to know your contractual deadline and work backwards from it.

How to Document New Home Defects Properly

Good documentation can make dealing with building defects considerably easier.

Keep a running record rather than relying on memory.

For each defect, record the room or location, describe what you can actually see, note when you first noticed it, take clear photographs and keep copies of correspondence with your builder.

Try to describe observations rather than making assumptions about the cause.

For example:

“Water staining visible to the bedroom ceiling following heavy rain”

is more useful than:

“The roof has been built incorrectly.”

An independent inspection report can provide a structured, dated record of the observed defects and their locations.

How Should You Notify Your Builder?

For the statutory four-month defects liability period, section 11 specifically refers to defects being notified in writing.

Follow the notice requirements contained in your own building contract.

Your written notification should generally identify each defect separately and provide enough information for the builder to locate and assess it.

Where appropriate, include photographs and reference individual items in an independent inspection report.

Keep copies of everything you send and any response you receive.

One important distinction is that the defect needs to be notified within the applicable period. That does not mean every repair necessarily has to have been physically completed before the four months expires.

The Four-Month Defects Period and the Six-Year Complaint Period Are Different

This is an area that often causes confusion.

The minimum four-month defects liability period under the Home Building Contracts Act deals with defects notified to the builder following practical completion.

Separately, Western Australia’s building dispute system provides longer timeframes for certain building service complaints.

The WA Government’s building dispute resolution guidance states that, in general, a building service complaint cannot be considered more than six years after completion of the work.

That does not mean the six-year period should simply be treated as an extension of the four-month defects period.

They are different processes.

The legal date of completion for the six-year complaint period can also depend on whether the work was completed under a permit and when relevant completion or cessation notices were given. Where work was not carried out under a permit, practical completion can determine the completion date.

There are also different time limits for some contractual disputes.

For homeowners, the practical approach is simple: do not ignore the four-month period because another legal avenue may exist later.

A defect that is identified, photographed and formally notified soon after construction is generally much easier to investigate than one first raised years later.

This article provides general building information rather than legal advice. If responsibility for a defect is disputed or a statutory or contractual deadline is approaching, refer to your building contract and current WA Government guidance or obtain appropriate legal advice.

Don’t Leave Your Defect Inspection Until the Final Week

The easiest way to manage the new home defect liability period in WA is to treat it as part of the building process rather than something to think about later.

Record your practical completion date.

Check your contract.

Keep photographs of anything that develops.

Pay particular attention after heavy rain and during normal day-to-day use of the property.

Then arrange your inspection with enough time remaining to review the report and notify the builder properly.

Four months can disappear quickly once you have moved house, organised landscaping, installed furniture and returned to normal life.

A little organisation early can provide a much clearer record if defects do emerge.

Frequently Asked Questions

How long is the new home defect liability period in WA?

Under section 11 of the Home Building Contracts Act 1991, the statutory minimum period for notifying the builder in writing of applicable defects is four months commencing on the day of practical completion. A building contract can provide a longer period.

Does the four months start when I move into the house?

Not necessarily. The legislation refers to the period commencing on the day of practical completion, rather than the date you physically move into the property.

What is the difference between a PCI and a defect liability inspection?

A practical completion inspection occurs around the end of construction and identifies visible defects, incomplete items and workmanship issues around handover.

A defect liability inspection occurs after practical completion and can identify problems that have only become apparent after the home has been occupied and exposed to normal use and weather.

Can I raise a defect after the four-month period?

The four-month statutory defects period is not necessarily the only avenue available to a homeowner. WA’s building dispute framework generally provides up to six years after completion of the work for certain building service complaints, although the legal completion date and other time limits depend on the circumstances.

If the four-month period has already expired and you are concerned about defective building work, obtain advice relevant to your circumstances rather than assuming that you no longer have any options.

Do defects have to be repaired within four months?

Section 11 focuses on defects being notified in writing to the builder within the applicable period. It does not say every rectification must necessarily be physically completed before the four-month anniversary.

Should I have an independent defect inspection?

An independent inspection can identify defects that may otherwise be missed and provide a clear photographic record of the condition of the property.

Timing is important. The inspection should be carried out early enough that you have sufficient time to review the findings and notify your builder before the applicable defects period expires.

Independent New Home Defect Inspections Perth

If your new home defect liability period in WA is already running, don’t leave your inspection until the final week.

Master Building Inspectors provides independent new-home defect inspections throughout the Perth metropolitan area, carried out by experienced WA registered builders.

We inspect the completed home, identify observable defects and areas requiring attention, and provide a detailed photographic report that gives you a clear record to provide to your builder.

If you’ve recently collected the keys to your new home, contact MBI to arrange your post-handover defect inspection before your applicable notification deadline.