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I’m in a newish townhouse complex of 12 units in Sydney. The building (mostly rendered brick) has quite a few cracks. We’d like to get the cracks inspected to see if any really need attention. OC doesn’t want to go to the expense of a full building defects report. We have a reasonable relationship with the developer, who has said they will attend to any significant cracks. What we need is an independent view on the cracks that we can use as the basis for agreeing a scope of works with the developer. What sort of inspection would be best suited for our situation?
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Depending on the age of the scheme, there are two kinds of defects that a surveyor should be looking for. Non-structural defects have a time limit of two years for warranty claims while the there is a six-year clock for structural defects. What you need is a comprehensive survey by an experienced strata surveyor although if you have passed the two year limit already, it might be worth restricting them to structural issues.
I would recommend someone like our good friends Integrated who will at least give you an initial assessment and good advice on how to proceed. There are other companies who offer a similar service but I can’t vouch for them personally
As a low-rise scheme, you are covered by Home Warranty Insurance but it sounds like you are still being unduly influenced by the developers who may be just running down the clock until the six years time limit on claims has passed and they are not liable for any claims that may come back on them.
Your owners corporation has a duty to look after common property and it seems like you have problems already which may be cosmetic but could just as easily be serious structural problems.
I would be talking to the Executive Committee right now about getting a comprehensive report done by a fully qualified surveyor. If they dig their heels in, I would pay the $78 and run them through the CTTT on a Section 62 complaint, requesting orders that they get the survey done.
Failure to look after the building properly could also justify seeking an order under section 162, appointing a strata manager to take over the running of the scheme from the owners. Trust me, since strata managers legally have to do everything bu the book – and that costs serious money – that is not a road you want to go down unless the value of your property is being threatened.
Short-term investors in new schemes are notorious for wanting to spend nothing on the building and then sell up just before the cracks, sometimes literally, start to appear. Your neighbours have a right to be told that the long-term value of their properties could be under threat and and they need to act now to find out exactly what the problems are, if any.
The cost of a survey will be nothing compared to the nightmare of fixing building defects when the warranty period has run out.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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