The Trades Playbook

Your builder won't fix the defects: your options and deadlines

Written by Edris Nazari
Checked 12 November 2026
6 min read

Two people in hard hats checking a wall with a spirit level

The short answer

List every defect in writing with a fix by date, then use your state's complaint path before the clock runs out. Warranty periods can be long, six years for major defects in several states, but complaint and insurance deadlines can be as short as a few months.

Victoria, New South Wales and Queensland in detail, with warranty periods for other states. Summarised from government pages, not legal advice. Sources differ on some deadlines, so treat the shortest one as binding until you confirm it.

Confidence: likely. These facts come from official pages that we found by search and did not read in full. Check the linked source before you rely on a figure.

Start with a written list

Photograph each defect, number them and send the list to the builder. Give a reasonable fix by date. Queensland's QBCC expects written notice listing each item with a deadline before you lodge a complaint.

Where to complain

  • VictoriaTry to settle directly first. Then apply to the Building and Plumbing Commission for dispute resolution. If conciliation does not work, you can get a binding order or a certificate to apply to VCAT.
  • New South WalesComplain to Building Commission NSW through Fair Trading. If the trader is responsible, an inspector can issue a rectification order. If they do not comply, you can lodge a claim with NCAT.
  • QueenslandLodge a complaint with the QBCC. If it finds the contractor responsible, it can issue a direction to rectify, usually giving 35 days. Insurance claims for defects have short limits.

Warranty periods by state

These are statutory warranty periods, not complaint deadlines.

  • New South WalesSix years for major defects and two years for all other defects from completion. Extended by six months if you find a defect in the last six months.
  • ACTSix years for structural elements and two years for non structural elements, on approved work costing $12,000 or more.
  • TasmaniaSix years from practical completion.
  • VictoriaHome Warranty may cover major defects for up to 6 years and other defects for up to 2 years, for eligible contracts signed from 1 July 2026.
  • QueenslandStructural defects are covered if you find them within 6 years and 6 months. Non structural cover is generally 6 months from completion.

The deadline trap

QBCC pages show different time limits for different steps. The shortest we found is 3 months from noticing a structural defect for an insurance claim and 7 months from completion for non structural defects. Do not wait.

Common questions

How long does a builder have to fix defects?

It depends on your contract and your state. A reasonable written deadline is the first step, then your regulator can order the work to be fixed.

How long are building warranties in Australia?

Six years for major defects in several states, and two years for other defects in some. See the table above.

Sources

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