Checklist: Could This Be a Major Defect?

A simple guide for homeowners and strata committees

Use this checklist to help work out whether a building problem may qualify as a major defect. This does not replace expert advice, but it helps you recognise the signs early.

1. Does the problem affect a major part of the building?

Tick any that apply:

☐ Structural parts (foundations, walls, floors, beams, columns, roof)

☐ Waterproofing (bathrooms, balconies, roofs, planter boxes, basement walls, etc.)

☐ Fire safety system (alarms, sprinklers, hydrants, smoke control systems)

☐ Combustible external cladding (especially on high-rise buildings)

☐ Major structural supports in garages, basements or retaining walls

If you ticked any of these, continue to step 2.

2. What caused the problem?

Tick any of the following you suspect or have been told:

☐ Poor or faulty workmanship

☐ Bad or unsuitable materials

☐ Defective design

☐ Not meeting the National Construction Code

☐ Use of unsafe or banned building products

If you ticked any of these, continue to step 3.

3. Could this defect cause serious consequences?

Tick any that apply:

☐ The area is hard or unsafe to use

☐ Water is entering the building

☐ Cracking or movement appears to be getting worse

☐ Parts of the building feel unstable

☐ There is mould, dampness or water staining

☐ You are worried about collapse or major damage

☐ The issue could spread or worsen over time

☐ The defect might stop the building being used normally in the future

If you ticked one or more, the defect may be a major defect.

4. What should you do next?

If you ticked items in all three sections (1, 2 and 3), your issue could be a major defect, and you may have six years from the building’s completion date to make a claim.

You should consider:

  • Getting an expert report (engineer, building consultant, or waterproofing specialist)
  • Seeking legal advice if the claim period may be running out
  • Acting promptly to avoid losing your rights

Important Reminder

A defect does not have to be severe right now to be a major defect.
It only needs to be likely to cause serious problems in the future if not fixed.

If you’re concerned about possible defects or uncertain about your rights, reach out to us for a free professional consultation – we’re here to help.

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