What remedy would the Opal Tower owners be entitled to under the statutory warranty?

For conveyancing contracts signed on or after 1 February 2012, the statutory warranty period for major defects is six years, and two years for all other defects. If the loss becomes apparent in the last six months of the statutory warranty period then the homeowner has a further six months from becoming aware of the loss to enforce the statutory warranty.

If you are still seeking compensation or rectification of this work that is nearing the end of the statutory warranty period, lodge an application with the NSW Civil and Administrative Tribunal.

Throughout the period of the statutory warranty, owners can request the builder/developer to rectify defects. If they fail to do so the owner may seek assistance from Fair Trading to resolve disputes including issuing orders to compel the responsible builder to rectify defects. Owners may also make a claim with the Tribunal seeking money orders for the costs of defects.

BRC Property Inspections provide Defect Reports on any newly constructed property. These reports are also called Completion Reports and Off The Plan Reports.

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