Six years and two years: NSW warranty periods explained

In short: The Home Building Act 1989 gives six years for major defects and two years for other defects. A dated report helps you use them.

The statutory warranties

Section 18B of the Home Building Act 1989 implies warranties into residential building work in NSW.

Six years for major defects and two years for other defects, generally from completion.

A defect in a major element that causes or is likely to cause the home to be uninhabitable, unusable or to collapse, as set out in the Act.

A handover report and later inspection reports show when a defect was first seen.

If the builder cannot be pursued, Home Building Compensation Fund cover through icare may respond.

Written by our local inspection team from work carried out in Castle Hill. Licensed building practitioners, NSW Fair Trading licence 366177C.

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Questions Castle Hill owners ask about this

When does the period start?

In most cases the clock runs from the date the work was completed.

Do warranties pass to a new owner?

Yes. Subsequent owners can rely on them.

Is water entry a major defect?

It can be, depending on its effect. The Act sets the test.

Should I inspect before the two years end?

It is a sensible time to record anything still open.