What can you do if you’ve built a home and it has problems?

The great Australian dream of building your own home presents wonderful new beginnings for many people, but as a lawyer sadly I have seen those dreams turn into nightmares when things go wrong. New homeowners finding problems like the roof leaking or the plaster bowing. The good news is that the nightmare can be fixed because when you build a home, as you may have the ability to hold the builder responsible.

When a builder builds your home, the starting point is that the builder guarantees their work for six years after completion of your home a builder. This means the builder is required to fix certain defects in your home at their cost.

Many of us think that builder’s insurance covers this situation, but often it does not. Building insurance can only be claimed as a last resort - where a builder is dead, has gone missing, is bankrupt or you get a court or tribunal order against them.

While most builders are very accommodating when they need to do small repairs, unfortunately sometimes these issues can turn into a dispute. Often, people rush into trying to sort out the problem without first obtaining legal advice on the remedies available to them.

The first thing to do is speak to us before talking further to your builder. I have seen in matters where this happens that my clients have been able to negotiate good results as they have approached the matter with confidence knowing what their rights are, what they can demand the builder do to fix the situation and how to proceed if the builder won’t agree.

It may be that having that advice you can negotiate a suitable outcome with your builder or you may require further assistance from us as you navigate the options including a complaint to Domestic Building Dispute Resolution Victoria or VCAT proceedings.

If things have gone wrong for you in your dream house, get in contact with our lawyer Lachlan Edwards on 0427 916 442.