How Long Is a Home Builder Responsible for Defects?

You’ve just picked up the keys to your brand-new home. It looks brilliant. Then a few weeks in, you spot a hairline crack along a cornice, a door that won’t quite close, or a tile that’s already lifting.

It’s frustrating, but here’s what a lot of new homeowners don’t realise: your builder’s responsibility doesn’t end at handover. In Australia, builders remain legally obligated to fix defects for years afterward. The exact timeframe depends on where you’re building and what kind of defect you’re dealing with, so it’s worth knowing where you actually stand, whether you’ve built with Enamour Homes in Melbourne or Perth.

As trusted custom home builders in Melbourne and Perth, we believe every client should understand exactly what protection they have long after their new home construction is complete, not just during the build.

These two get confused constantly, and they’re not the same thing.

Defects Liability Period (DLP): A timeframe written into your building contract, typically 3 to 12 months after completion. It’s a proactive window where the builder is contractually obligated to return and fix issues like sticking doors, minor cracks, or paint touch-ups, usually without you needing to prove anything beyond pointing it out.

Statutory Warranties: Legal protections that exist under state legislation regardless of what your contract says. They run much longer than the DLP, they can’t be contracted out of, and importantly, they transfer to a new owner if you sell the property within the warranty period.

Under the Domestic Building Contracts Act 1995, Victorian builders carry statutory warranty obligations that run well beyond the DLP:

• Structural (major) defects: 6 years from the date of the occupancy permit or completion
• Non-structural (minor) defects: 2 years from completion
• Victoria also has a broader 10-year long-stop limitation period under the Building Act 1993 for negligence-based claims, though this doesn’t extend the standard 6-year warranty window

From 1 July 2026, Victoria’s new Home Warranty scheme (administered by the Building and Plumbing Commission) replaced the previous Domestic Building Insurance for eligible new contracts, providing cover of up to $400,000 per home if a builder fails or refuses to rectify defective or incomplete work. This is a safety net, not a substitute for pursuing your builder directly first.

WA builders undertaking residential work over $20,000 must hold Home Indemnity Insurance (HII), which provides cover for around 6 years from completion if a builder can’t complete or rectify defective work, for example due to insolvency. Alongside this, implied warranties under WA law require work to be carried out skilfully, with proper materials, and fit for purpose, even where the contract doesn’t spell this out explicitly.

The classification matters because it determines how long you have to act.

Major (structural) defects typically include:

• Foundation or footing failure
• Major roof leaks or waterproofing failure (including leaking showers)
• Structural wall cracks (generally over 5mm)
• Fire safety system failures

Minor (non-structural) defects typically include:

• Cracked floor tiles or peeling paint
• Cabinetry alignment issues or sticking windows/doors
• Minor plumbing leaks or cosmetic cracks

1. Document it properly. Photos, the date you first noticed it, and a clear written description. This is your evidence if anything later needs to go further.
2. Notify your builder in writing. Email creates a timestamped paper trail. Be specific: “a 15 cm crack at the junction of the living room ceiling and wall” is far more useful than “there’s a crack somewhere.”
3. Keep every piece of correspondence. If it stalls, both Victoria (via the Building and Plumbing Commission) and WA (via the Building Commission) have formal dispute resolution pathways, and good documentation makes that process considerably smoother.
4. Don’t repair it yourself first. Fixing it before raising it with your builder can complicate a claim and give grounds to argue the issue wasn’t the builder’s doing.

We’d rather you never need to use this information. That’s why, as experienced custom home builders, we invest time in thorough land analysis, careful planning, and quality construction before building begins. The fewer assumptions made during construction, the lower the risk of defects after handover. Whether you’re building a single storey home, double storey home, or a fully custom-designed home, our commitment to quality extends well beyond completion.

If an issue does arise after you’ve moved in, your home is backed by the applicable defects liability period and statutory builder warranties under Victorian or Western Australian legislation. We’re committed to addressing genuine concerns promptly, so small issues don’t become bigger ones.

If you’ve noticed a defect in your Enamour Homes build, or you’re looking for custom home builders Melbourne homeowners trust to stand behind their work, contact Enamour Homes on 0420 888 786 or email enamourhomes@outlook.com. We proudly build quality homes across Melbourne, Victoria, and Perth, Western Australia, creating homes designed to suit your lifestyle, land, and future.