Enter your email Address

LookUpStrata

Strata Information Leading to Open Discussion

  • The Strata Magazine banner
  • Subscribe to LookUpStrata banner
Australia's Top Property Blog Dedicated to Strata Living
  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
      • VIC Strata Webinars
      • ACT Strata Webinars
      • SA Strata Webinars
      • WA Strata Webinars
    • Upcoming Strata Events
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap
Home » Defects » Defects QLD » QLD: Bodies Corporate Beware – QBBC Delays Impacting Building Defect Claims

QLD: Bodies Corporate Beware – QBBC Delays Impacting Building Defect Claims

Published May 17, 2022 By Todd Garsden, Mahoneys Leave a Comment Last Updated May 20, 2022

Share with your strata community

0 shares
  • Share
  • LinkedIn
  • Email

This article about building defect claims has been supplied by Francesca Barnes, Mahoneys.

With the ever expanding backlog of complaints being issued to the QBCC, the statutory time limits for building defect complaints are becoming narrower by the day.

As a result, bodies corporate should be assessing schemes for building defects much earlier than previously advised.

GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

Background

The Queensland Building and Construction Commission (QBCC) is a statutory body established under the Queensland Building and Construction Commission Act 1991 (QBCC Act) to regulate the building industry.

As part of this regulation, QBCC oversees building defect matters for both residential and commercial properties.

Building defects are building work that is faulty or below a reasonable standard of quality. Building defects can be split into two categories – structural and non-structural.

Bodies corporate and lot owners can lodge complaints to QBCC for building defects, which shall involve QBCC assessing the complaint and investigating the building defects.

If QBCC determines a building defect exists, it can issue the builder with a direction to rectify, which will require the builder to carry out the required repairs. If the direction to rectify is not complied with it can lead to the imposition of fines and cancellation of the builder’s licence.

Time limits

There are two key time limits that apply to structural building defect complaints:

  1. The time for the complaint to be lodged; and
  2. The time for the direction to rectify to be issued.

Complaint lodgement

Complaints must be lodged to QBCC within 12 months of the body corporate becoming aware of the building defect.

The time at which the body corporate first becomes aware of a defect will vary from defect to defect, but will commonly be the date on which a lot owner or caretaker reports the defect or the date on which a building defects report is obtained identifying the defect.

Issuing of direction to rectify

Section 72A of the QBCC Act states that a direction to rectify cannot be issued after more than 6 years and 6 months of the building work being completed.

This timeframe is a strict limit that is placed on QBCC, that can only be waived by the Queensland Civil and Administrative Tribunal in particular (and limited) circumstances.

In previous years, bodies corporate could assess when a complaint to QBCC should be lodged based on this 6 year 6 month time frame, as the period between when a complaint was lodged and a direction to rectify made was relatively short.

However, in the past 12 months, QBCC’s waitlist for assessing and deciding on building defect complaints has blown out.

Complaints are now taking up to 4 months just to be allocated a case manager, and up to 8 months for a QBCC inspector to attend the scheme to inspect the defects. Our firm has a number of complaints with QBCC that were lodged over 12 months ago and we are still waiting for a direction to rectify.

As a result, we now recommend that bodies corporate ensure there is at least 1 year remaining on this limitation period when issuing the complaints. This is to ensure there is enough time for the complaint to be assessed and directions issued before the time limits expire.

Practically, this means keeping an eye out for building defects, and when the scheme is nearing 4.5 years in age, assessing the scheme for defects to ensure there is sufficient time to:

  1. identify the defects;
  2. obtain a defects report (if required); and
  3. lodging a complaint to QBCC

before the scheme turns 5.5 years in age.

Please contact our dedicated body corporate team if you need any assistance with building defects. We can assist the committee in proactively identifying and addressing building defects and lodge any required QBCC complaints.

Francesca Barnes
Mahoneys
E: [email protected]
P: 07 3007 3753

This post appears in Strata News #569.

Have a question about building defect claims or something to add to the article? Leave a comment below.

Embed

Read next:

  • QLD Q&A Alarm Bells: Doctoring BC Records to Hide Building Defects
  • QLD: Fire engineer – Cladding replacement not sole solution
  • Guide to Body Corporate Building Defects

This article has been republished with permission from the author and first appeared on the Mahoneys website.

Visit our Strata Building Defects OR Strata Legislation QLD

Looking for strata information concerning your state? For state-specific strata information, take a look here.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Share with your strata community

0 shares
  • Share
  • LinkedIn
  • Email

About Todd Garsden, Mahoneys

Our clients include some of the largest bodies corporate in Queensland and northern New South Wales, but our experience spans from Perth to Port Douglas. With extensive experience in this area, we understand the body corporate industry and how it has changed due to the rise of apartment living. We also understand how individual body corporate committees function. The team are experienced in dealing with issues that arise in regard to community title schemes. We know the risks inherent in the process and are adept at dealing with all types of situations.

This gives our clients confidence that we will provide them with the best advice and advocacy in all body corporate and strata matters. Our lawyers have guided clients through all types of transactions and disputes in our years of practice.

Todd is a regular contributor to LookUpStrata. You can take a look at Todd’s articles here .

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIALS

"LookUpStrata should be compulsory reading for every member of a Body Corporate Committee. It provides the most understandable answers to all the common (and uncommon) questions that vex Body Corporates everywhere. Too often Committee members do not understand what Body Corporates are legally able to do and not do. LookUpStrata helps educate everybody living in a Body Corporate environment for free." John, Lot Owner

"It's the best and most professional body corporate information source a strata manager could have! Thanks to the whole team!" MQ, Strata Manager

"I like reading all the relevant articles on important issues on Strata living that the LookUpStrata Newsletter always effectively successfully covers"
Carole, Lot Owner

"Strata is so confusing and your newsletters and website are my go-to to get my questions answered. It has helped me out so many times and is a fabulous knowledge hub." Izzy, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • Contact a Strata Specialist on the LookUpStrata Directory
  • Ask Us A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • William Marquand on QLD: What does Strata Insurance cover? What do we need to disclose?
  • Tyrone Shandiman on QLD: What does Strata Insurance cover? What do we need to disclose?
  • Liza Admin on SA: Q&A Strata Regulations About Car Parking Rules
  • Liza Admin on SA: Q&A Rights to have pets for residents in strata
  • Tyrone Shandiman on NAT: Q&A Yearly Increases To Strata Insurance
  • Tyrone Shandiman on NAT: Q&A Yearly Increases To Strata Insurance
  • Tyrone Shandiman on QLD: What does Strata Insurance cover? What do we need to disclose?
  • Robert Budniak on NSW: E-Bike and E-Scooter Battery Fires in Strata on the Increase
  • stephanie nicholls on WA: Q&A What Do Strata Fees Cover? How are Increases Calculated?
  • [email protected] on VIC: Q&A Process to change the Registered Owners Corporation Rules

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2024 · LookUpStrata ® Pty Ltd · All rights reserved