The two clocks
The NSW Government’s contracts page sets two periods, both counted from the date the work was completed: six years for major defects, and two years for every other defect. These warranties cannot be excluded or overridden by a contract, and they stay with the home if it is sold during the warranty period.
There is one extension, for contracts signed on or after 1 February 2012. If a loss becomes apparent in the last six months of a warranty period, the home owner has a further six months after the end of that period to enforce the warranty. Building Commission NSW’s dispute pages cover specialist work, plumbing included, as well as home building, and it can advise on managing a dispute about a particular job.
When “completed” is
Everything hangs on the completion date, because it starts the warranty clocks and the insurance periods under the Home Building Compensation Scheme. Under the Home Building Act 1989, work is complete when it matches the contract. Where there is no contract, or it doesn’t define completion, the work counts as complete once it has no major defects and can be used for what it was meant for, and the earliest of these dates can be used to fix when that was:
- HandoverThe date the builder handed the project to the owner.
- Last workThe date the contractor last did work, other than fixing minor defects.
- OccupationThe date an occupation certificate was issued.
An example only, with dates chosen for the arithmetic. Work on a new home is completed on 15 March 2025, under a contract signed after 1 February 2012.
- Other defects: two years, to 15 March 2027.
- Major defects: six years, to 15 March 2031.
- A leak that first shows on 1 December 2026 falls in the last six months of the two-year period (15 September 2026 to 15 March 2027), so the owner has a further six months after 15 March 2027, to 15 September 2027, to enforce the warranty.
The NSW Government’s warranty video is clear that the extension is no reason to wait: acting early, it says, is always the best way to protect your rights.
What makes a defect major
A major defect is a defect in a major element of the building, from defective design, workmanship or materials, or a failure to meet the National Construction Code’s structural performance requirements. The NSW Government’s examples include load-bearing parts such as foundations, footings, floors, walls and roofs, the fire safety system, and waterproofing.
New homes also usually come with a contractual “defects and liability period”, usually 13 weeks, which varies from builder to builder.
Records to keep
From the NSW Government’s list, the ones that matter most for the pipes and the ground around them:
- The building contract and any variations.
- Plans and specifications.
- Proof of every payment.
- The Home Building Compensation Fund certificate of insurance, where the work cost more than $20,000 including GST, unless exempt.
- Written warranties from the builder or from manufacturers of items they supplied.
- Contracts and warranties for work by other contractors, such as a landscaper or pool builder.
- Soil and geotechnical reports.
- Care and maintenance manuals, and all correspondence about the work.
If something goes wrong
Talk to the contractor
Raise it as soon as you notice it; it may be a misunderstanding. The NSW Guide to Standards and Tolerances explains what standard of work is acceptable.
Put it in writing
Confirm what was agreed, and by when, in a dated letter or email, and keep a copy. If the work is covered by the Home Building Compensation Fund, the NSW Government says you must notify the insurer in writing immediately on becoming aware of defective or incomplete work.
Ask Building Commission NSW
If it is still unresolved, either side can ask Building Commission NSW to help, though both must agree to the attempt. For a major defect it may send an inspector, who can issue a Rectification Order. Its number, given on the NSW Government’s own page, is 13 27 00.
The Tribunal
A claim can go to the NSW Civil and Administrative Tribunal, and it is the home owner’s responsibility to apply before the warranty period ends.
Looking after the outside
The NSW Government’s maintenance list for a new home includes the ground the water crosses.
- Guide water drainage away from the house, and slope paths away from it.
- Make sure excess water drains from the property to the stormwater channels.
- Keep garden beds away from the house walls.
- Plant trees with large root systems well away from the foundations and from sewer and stormwater pipes.
- Clean gutters, downpipes and drains regularly, using a contractor licensed for roof repairs if you have concerns.
The full pages are resolving building disputes and keeping new building work trouble-free.