Document text
Notice of Defective Building Work
[YOUR FULL NAME]
[YOUR ADDRESS]
[EMAIL] · [PHONE]
[BUILDER'S NAME]
Licence number: [LICENCE NUMBER]
[BUILDER'S ADDRESS OR EMAIL]
[DATE]
Sent by: [REGISTERED POST, TRACKING … / EMAIL TO …]
Dear [NAME],
Defective building work at [PROPERTY ADDRESS] — statutory warranties, Home Building Act 1989 (NSW)
You carried out [TYPE OF WORK, FOR EXAMPLE CONSTRUCTION OF A DWELLING / RENOVATION] at the above property under a contract dated [CONTRACT DATE]. The work was completed on [COMPLETION DATE: HANDOVER / LAST DAY OF WORK / OCCUPATION CERTIFICATE].
The following defects have appeared:
No. Defect Location First noticed Major element?
1 [FOR EXAMPLE CRACKING IN SLAB] [ROOM OR AREA] [DATE] [FOUNDATIONS / WATERPROOFING / NO]
2 [DEFECT] [ROOM OR AREA] [DATE] [YES / NO]
In my view these are breaches of the statutory warranties that the work would be done with due care and skill, with materials suitable for their purpose, and in compliance with the law. [IF RELEVANT: Defect [NUMBER] is a major defect, because it [MAKES / IS LIKELY TO MAKE] the dwelling [UNABLE TO BE USED / AT RISK OF COLLAPSE].] The warranty period has not ended: [2 YEARS FOR DEFECTS / 6 YEARS FOR MAJOR DEFECTS] from completion.
I ask you to inspect the defects and fix them. You can have access to the property on [DATES AND TIMES]; please contact me to arrange it.
Please confirm in writing by [DATE = 14 DAYS FROM TODAY] when you will inspect and when the work will be completed.
If the defects are not addressed, I will ask Building Commission NSW for dispute resolution and may apply to the NSW Civil and Administrative Tribunal. [IF THE WORK WAS OVER $20,000: I have also notified the Home Building Compensation Fund insurer.]
Attached:
Photos dated [DATES]
[INSPECTION REPORT]
Contract and completion documents
Yours faithfully,
____________________
[YOUR FULL NAME]
For me
[ ] Completion date: [DATE]
[ ] 2-year warranty ends: [DATE]; 6-year warranty ends: [DATE]
[ ] Builder's reply due: [DATE]
[ ] Next steps: Building Commission NSW, then NCAT before the end date