• There are standards for building in the ACT
  • Ensure you have your completion certificates, including certificates of occupancy or use.
  • There are options if you find a defect.

Certifications

It’s important to have all your certifications before taking occupancy of your building. For most buildings, these are certificates of occupancy or use. Some buildings may require a certificate of compliance and certificate of regularisation.

Find out more about:

  • Certificates of occupancy or use
  • Certificate of compliance
  • Certificate of regularisation

Standards and tolerances

The standards for building in the ACT are outlined in a range of documents, including the Building Act and National Construction Code. Where a building or part of a building does not meet these standards, and as agreed in the building contract, it may be considered defective. However, there are degrees of tolerance around some standards which affect whether something might be considered a defect or not. Disputes often arise when parties cannot agree on what constitutes a defect.

What is a defect

It can be difficult to determine when a deviation from precise requirements is acceptable, or when it is a defect. Some items may have very little scope for variance if a building is to be constructed or perform as required, while other items will still work well within wider limits.

This is why an allowable deviation, or 'tolerance', may be allowed or specified that is not considered to be a defect.

How to know if your building has a defect

For building work that needs a building approval, the first place to start is with your approval and any contract documents that may outline the standards the work was meant to meet.

You can also refer to relevant Acts and Regulation for applicable standards, including the building code, plumbing code and electrical and gasfitting standards. Manufacturers of products and materials may also have instructions and guides on how they must be used or installed. These can help you check if the work may be defective.

If you can't tell from the building approval, the contract documents, the relevant laws and standards, or manufacturer's information, you can use the Victorian Building Authority's Guide to Standards and Tolerances for residential buildings.

It's important to remember that where there is any difference between the Guide and building laws, the building approval or a building contract, all of this take precedence over the Guide. The Guide does not replace the building approval requirements, contract documents, relevant laws and standards, or manufacturer’s information. You should look to any requirements in your contract first to determine which may have the most stringent requirement. If they are not clear, Australian Standards and manufacturer's instructions can be useful to see if products and materials were installed as intended before you consider the general tolerances in the Guide.

Not all defects are serious enough to warrant regulatory action, but identifying whether something is a defect can help prevent or resolve disputes, including negotiating a good outcome with your builder.

Complaints and disputes

If there is a dispute between you and your builder or other professional, there are options for you to resolve your dispute or make a complaint.

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