How to get defects fixed on your New Home Build (without the stress)

Written By Annelyse Stead | Australian Home Building & Renovation Contract Specialist | M. Construction Law | B.Construction Management

You've invested everything into your dream home. Now what happens when things aren't quite right?

You're weeks away from moving into your brand new home. You've spent months choosing every finish, reviewing every plan, and watching your dream take shape. But as you walk through for the first time, you notice details that don’t quite match what the quality of work you had in mind.

In my years managing new home builds across Australia, I've seen countless homeowners struggle with the defects process - often because they don't know their rights or how to effectively communicate issues to their builder.

Here's the truth: Getting defects fixed doesn't have to be a battle. When you follow the right process and understand your contract, most builders will address issues promptly and professionally. Let me show you exactly how to do this.

Step 1: Schedule your Final Inspection walk (with your Builder present)

This is the most critical step in the defects process, yet many people skip it or do it incorrectly.

Why this matters: A joint inspection with your builder present creates a shared understanding of what needs fixing. It prevents the back-and-forth of "I never saw that" or "that wasn't mentioned" later on.

Pro tip: Before you schedule this walk, ask your builder to confirm they've completed their own internal defect inspection and final clean. This ensures you're reviewing finished work, not work-in-progress.

What to bring:

• Your building contract and specifications

• A notepad or tablet for recording issues

• Your phone or camera for photos

• A measuring tape

• Good lighting (a torch can help inspect dark corners)

Step 2: Create your Defects Register

During your inspection, you need to document every issue systematically. This isn't about being difficult - it's about protecting your investment.

How to document defects as you go:

1. Take clear photos of each defect with something for scale

2. Write specific descriptions (not "door looks wrong" but "bedroom 2 door has 15mm gap at bottom right corner")

3. Note the location precisely (room name, which wall, etc.)

4. Reference the contract or specification if the issue relates to agreed standards

5. Categorise by severity (safety issues vs. cosmetic)

The critical step everyone misses: Sign your Defects List at the end of the inspection. Both you and your builder should sign it. This creates a formal record and eliminates disputes about what was or wasn't identified.

According to most Australian building contracts, this signed list becomes a binding document that your builder must address before final completion.

What counts as a defect?

Many homeowners aren't sure what they can legitimately include on their defects list. Here's what qualifies under most Building contracts:

• Non-compliance with building codes: Safety issues, structural concerns, inadequate waterproofing

• Deviation from contract specifications: Wrong materials, finishes, or brands

• Poor workmanship: Uneven surfaces, visible gaps, paint defects, poor joinery

• Incomplete work: Missing fixtures, unfinished areas, items not installed

• Damage during construction: Scratches, chips, stains caused by trades

Step 3: Monitor progress and follow up strategically

Submitting your defects list isn't the end of the process - it's the beginning of the defect liability phase.

Here's how to your follow-up defects:

1. Week 1: Confirm your builder has received the defects list and ask for a timeline for repairs

2. Week 2-3: Check in on progress and confirm scheduled trade visits

3. During repairs: Request notification before trades arrive so you can inspect work

4. After each fix: Verify the work meets your standards before signing off

5. Final check: Conduct one more walk-through to ensure everything is complete

Ttip: Keep all communication in writing (email is perfect). This creates a paper trail if disputes arise later.

What if your builder isn't responsive?

Most builders will address defects professionally, but if you're facing delays or pushback, here's what to do:

1. Review your contract's defects clause - it specifies timeframes and processes

2. Send a formal notice citing the specific contract clause

3. Set a reasonable deadline (usually 14-28 days depending on the issue)

4. Document all attempts to contact your builder

5. If issues persist, contact your state's building commission or consumer affairs

In Victoria, for example, builders must fix defects during the defects liability period (typically 6-12 months), and serious structural defects are covered for up to 6 years.

The real cost of not addressing defects properly

I've seen homeowners who thought they'd "save hassle" by letting minor defects slide. Here's what happened:

• A small plumbing defect led to water ingress and $8,000 in repairs

• An improperly sealed shower caused mold requiring $15,000 in bathroom reconstruction

• Gaps in external cladding allowed pests in, costing $5,000 to remediate chewed electrical wires

The lesson: Document and fix everything during your defects period. Once you sign final completion, your leverage disappears.

"The defects period exists to protect homeowners. Use it. Every single issue you identify now is one you won't have to pay for later."

Your defects inspection checklist:

Use this room-by-room checklist during your final inspection:

Every Room:

• Paint finish (drips, uneven coverage, touch-ups needed)

• Walls and ceilings (cracks, holes, uneven surfaces)

• Flooring (scratches, gaps, levelness)

• Doors (alignment, hardware, operation)

• Windows (seals, operation, locks, screens)

• Power points and switches (operation, positioning, cover plates)

• Light fixtures (operation, cleanliness, correct type)

Kitchen & Bathrooms:

• Cabinetry (alignment, door operation, hardware)

• Benchtops (chips, seams, levelness)

• Plumbing (leaks, water pressure, drainage)

• Tiling (alignment, grout, sealant)

• Appliances (operation, correct model)

External:

• Cladding (alignment, fixings, weatherproofing)

• Roof (alignment, flashing, gutters)

• Windows and doors (seals, operation)

• Landscaping (levels, drainage, finish)

• Driveway and paths (finish, levels, cracking)

Building your dream home with a solid building contract

Getting defects fixed properly is just one part of building successfully. The real secret? Understanding your building contract from day one.

Over the past 8 years, I've helped hundreds of Australian homeowners navigate the building process - from contract review to final handover. My clients avoid the costly mistakes that plague most first-time builders because they know their rights, understand their contract, and follow proven processes.

Here's what happens when start your building knowing your building contract:

• You identify contract risks before signing, not after construction begins

• You know exactly how to handle variations, delays, and disputes

• You understand your defects rights and how to enforce them

• You build with confidence instead of anxiety

Ready to build without the stress?

My Building Contract Health Check gives you everything you need to build confidently:

• Full contract review identifying risks and unfair terms

• Analysis of your defects clause and warranty protections

• Calculation of your liquidated damages entitlement

• Ready-to-send email requesting contract improvements

• Follow-up support until you sign

I work with clients across Victoria, NSW, Queensland, ACT, Tasmania, Western Australia, and the Northern Territory.

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Thanks for reading, and I'll see you in my next post!

Annelyse

Construction Management | M. Construction Law

Follow me @_buildtogether for daily tips on building and renovation contracts.