NSW Home Building Act Amendments

The amendments to the Home Building Act (HBA) were introduced on 15 January 2015.

The most significant amendment is the introduction to the ‘Major Defect’ test which replaced the ‘Structural Defect’ test.

To satisfy the ‘Major Defect’, the defect must be in a major element of the building.  This includes load-bearing components, fire safety systems and waterproofing defects.

Legal proceedings in relation to ‘Major Defects’ must be commenced within 6 years of the date of completion of the building works.

Any other defects that are not ‘Major Defects’ will now only have a 2 year warranty period for making claims.