Edmondson Park Building
Inspections

Handover and the statutory warranty clock in Edmondson Park NSW

Under the Home Building Act 1989 a new home in New South Wales carries a statutory warranty of six years for major defects and two years for everything else, from completion. On a suburb where every dwelling was built after 2012, this is the single most useful piece of law to understand, because it applies to essentially every property here and it benefits successors in title as well as the original owner. The two year window is the one that catches people: it covers most of what a handover list contains, and it closes without anyone sending a reminder.

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Six years for major defects, two years for everything else, from completion.

Most handover list items fall into the two year category.

The warranty benefits successors in title, so it matters on a resale as well.

icare runs the Home Building Compensation Fund cover on behalf of the state.

The termite management notice under AS 3660 is the other document to chase before you sign.

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Written by our local inspection team from work carried out in Edmondson Park. Licensed building practitioners.

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FAQ

Handover and the statutory warranty clock in Edmondson Park NSW: common questions

When does the clock start?

When the contract work is complete, which is normally practical completion or the occupation certificate. Have the builder confirm that date in writing rather than inferring it.

When is a defect classed as major?

In broad terms it affects a major element and renders the home unusable, uninhabitable or unsafe, or is heading that way. Water through the envelope and structural connections are the categories most often argued.

Do I sign if items are still open?

That is a contract question and a call for you and your builder to make. What we can say is that your leverage is highest before you sign, which is why the inspection belongs two to three weeks earlier.

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