Reply To: Strata Committee slow on defect report

David Bannerman from Bannermans Lawyers here. I thought I would give some guidance in hope to assist you with your issue.

The owners corporation is responsible for addressing the common property defects and to this end please consider our Building Defects Handbook found on our website: https://bannermans.com.au/strata/building-defects-handbook

Assuming it is a new building, to preserve the 6 year warranty against the builder or developer, the scheme will need to commence it’s litigation in NCAT or a court within the period of the 6 year period which commences from the first occupation certificate for the building.

Feel free to forward the first occupation certificate for the whole building (interim, if available) so that we can check to see if a warranty is about to expire.

If you are unaware of the date or existence of the interim occupation certificate, I suggest you make enquiries in this order to see if an interim occupation certificate was issued:

1. Certifier who issued the final occupation certificate.
2. Local Council, as they are supposed to be provided with the interim occupation certificate from the private certifier, but sometimes the private certifier forgets to do this.
3. Committee members who purchased off the plan.
4. Developer.

We can then provide a proposal to the scheme for some urgent assistance if you like.

Hope this helps and talk to you soon.