The defects liability period in WA is the fixed window after practical completion in which your builder must come back and fix defects at no cost to you. Under the Home Building Contracts Act, WA home building contracts must provide a defects liability period of at least four months, and many builders offer six to twelve. Once it closes, getting the same defects fixed becomes a negotiation or a complaint, not an obligation the builder has already signed up to.
Most homeowners spend that window moving in, not inspecting. This guide explains how the period works, the defects that typically appear in a new Perth home during its first six months, how to record them so the builder acts, and where Bestwest’s 6-Month Maintenance Inspection fits alongside the practical completion inspection you had at handover.
In this article:
- How does the defects liability period work?
- What appears in the first six months?
- Defect or maintenance: who is responsible?
- How to record defects so the builder acts
- Where the 6-Month Maintenance Inspection fits
- What happens after the period ends?
- Who this applies to
- Frequently Asked Questions About the Defects Liability Period in WA
| Defects liability period at a glance |
|---|
| What it is: the period after practical completion in which the builder must rectify defects at no cost |
| Minimum in WA: four months from practical completion under the Home Building Contracts Act, with six to twelve months common in volume builder contracts |
| Who it is for: homeowners who built under a building contract and have taken handover |
| Common findings: settlement cracking, sticking doors, tile and grout cracking, sealant failure, first-winter water entry, insulation gaps |
| Bestwest service: 6-Month Maintenance Inspection, $995 for clients who have had a Bestwest PCI, same-day digital report |
| After the period: defects do not vanish, but the process changes to a Building and Energy complaint, which must be lodged within six years of completion |
| Get a free instant quote online, 24/7 at bestwestbuilding.com.au |
How does the defects liability period work?
Practical completion is the point where the builder declares the home complete and you take handover. From that date, the contract sets a defects liability period, sometimes called the maintenance period, during which you notify the builder of defects and the builder returns to fix them.
The period is a minimum of four months under WA law and is written into your contract, so read the clause rather than assuming. Some contracts require a single written list at the end of the period, some accept defects as they arise, and most exclude items caused by normal wear, owner damage or a lack of maintenance.
| KEY TAKEAWAY The defects liability period is the cheapest, fastest and least confrontational point at which a new home ever gets fixed. Treat the end date as a deadline, because the builder does. |
What appears in the first six months?
A new home moves. Concrete cures, timber dries, the ground settles and the first winter tests every seal and flashing. The defects our registered builders record most often at the six-month mark are:
- Cracking in plasterboard joints, cornices and above door and window openings as the frame and slab settle
- Doors and windows that stick, no longer latch, or have uneven gaps as timber frames dry out
- Cracked tiles and grout in wet areas (bathrooms, ensuite and laundry) and failed silicone at junctions
- Nail pops and paint defects that were invisible at handover and appear once the home is lived in
- Water staining on ceilings and around windows after the first heavy rain, which points to flashing and roof cover issues
- Brickwork, mortar and render cracking on external walls, particularly above lintels
- Gutters and downpipes that have separated or sagged, visually observed
- Ceiling insulation moved or missing, which the thermal camera picks up as heat loss from the rooms below
- Cabinetry, benchtops and fit-off items that have moved, dropped or come loose
Some of these are defects the builder must fix. Some are maintenance. The report separates the two so you are not arguing over silicone while a real crack goes unlisted.
Defect or maintenance: who is responsible?
Builders are entitled to push back on items that are not defects, and the argument usually comes down to tolerances. The National Construction Code (NCC), the relevant Australian Standards and accepted industry guides set out what is acceptable for cracking widths, tile lippage, door gaps and paint finish. A registered builder inspecting your home knows those tolerances and records each item against them.
| Item | Usually a builder defect | Usually owner maintenance |
|---|---|---|
| Cracking | Cracks beyond accepted tolerances, cracks at lintels, structural cracking | Hairline shrinkage cracks within tolerance |
| Wet areas | Cracked tiles, failed grout, incorrect falls, leaking fixtures | Routine resealing of silicone after the period ends |
| Doors and windows | Binding, misalignment, failed hardware | Lubrication and minor adjustment after the period |
| Roof and gutters | Water entry, flashing faults, separated gutters | Clearing leaves and debris |
| Paint | Peeling, incomplete coverage, defective preparation | Scuffs and marks from occupation |
| WHY IT MATTERS A report that cites the standard behind each finding is much harder for a site supervisor to wave away than a homeowner’s list of things that “look wrong”. That is the difference between a defect being noted and a defect being fixed. |
How to record defects so the builder acts
The builder’s obligation is only as good as your notice. Follow the contract’s process to the letter.
- Check the contract for how and when defects must be notified, and whether a single end-of-period list is required
- Photograph every item with a wide shot for location and a close-up for detail
- Describe each item factually: what, where and, if you know it, why it falls outside tolerance
- Send the list in writing before the period ends, and keep proof of when it was sent
- Walk the home with the supervisor against the list, then confirm in writing what was rectified
An independent report carried out by a registered builder does steps two, three and most of four for you, in a format the builder recognises from every other inspection they have received.
Where the 6-Month Maintenance Inspection fits
The practical completion inspection at handover catches what was wrong on day one. The 6-Month Maintenance Inspection catches what moved, cracked, leaked and settled after you moved in, and it is timed to land inside your defects liability period so the findings go straight onto the builder’s list.
The inspection covers all visible and accessible building elements inside and out, wet areas, the roof space and roof cover from ladder height where safe, plus a thermal imagery review of ceiling insulation. The thermal camera detects heat loss from missing insulation in the roof space and concealed defects such as leaking pipes or pooling water behind plasterboard. It does not detect moisture in cavity brick walls and it does not detect termites.
The 6-Month Maintenance Inspection is priced at $995 for clients who had a Bestwest PCI at handover, and the report is delivered the same day with full-resolution photographs and a phone consultation with the inspector.
| IMPORTANT NOTE If your contract sets a four month period, book the inspection three to four weeks before it ends rather than at the six month mark. The service name describes the typical timing, not your contract. Confirm your end date first. |
What happens after the period ends?
Defects do not stop being defects when the period closes, and WA does not treat them as gone. Home building work in WA is subject to a single six-year window in which a complaint about defective work can be lodged with Building and Energy, the state regulator, under the Building Services (Complaint Resolution and Administration) Act 2011. Structural problems and serious workmanship failures can still be pursued through that process.
What changes is the effort. Inside the period, you send a list and the builder returns. Outside it, you are lodging a complaint, providing evidence and potentially attending a conciliation or a State Administrative Tribunal hearing. The independent report you obtained during the period is the evidence that process runs on, which is another reason to get it done in time.
Who this applies to
This guide is for homeowners who built under a WA home building contract and are inside, or approaching the end of, the defects liability period. If you bought an established home, the equivalent protection is the pre-purchase building inspection carried out after you sign the contract, but before settlement.
Bestwest Building’s extensive team of highly experienced registered builders has completed more than 50,000 inspections across Perth and the South West, including stage inspections at all five build stages, practical completion inspections and maintenance inspections. If you did not book a PCI at handover, start with our PCI checklist to understand what should have been recorded.
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Frequently Asked Questions About the Defects Liability Period in WA
How long is the defects liability period in WA?
WA home building contracts must provide at least four months from practical completion under the Home Building Contracts Act. Many builders provide six to twelve months. Your contract states the exact period, and it starts on the date of practical completion.
What is the difference between the defects liability period and the builder’s warranty?
The defects liability period is the contractual window in which the builder returns to fix listed defects at no cost. Beyond it, WA provides a six-year window in which complaints about defective building work can be lodged with Building and Energy.
Can the builder refuse to fix something during the period?
Yes, if the item is not a defect. Wear from occupation, owner damage and routine maintenance are normally excluded. Items outside the tolerances in the NCC and the relevant Australian Standards are defects, which is why a report that cites those tolerances carries weight.
Do I need a 6-Month Maintenance Inspection if I had a PCI?
The PCI records the home on the day of handover. The maintenance inspection records what has moved, cracked and leaked since, inside the window where the builder must fix it. They do different jobs and most defects that appear after handover are only visible at the second one.
What if I have already passed the end of the period?
You can still raise defects with the builder and, if needed, lodge a complaint with Building and Energy within six years of completion. An independent report documenting the defects gives that process something to work with.
Can I book the maintenance inspection earlier than six months?
Yes. The 6-Month Maintenance Inspection is named for the most common timing, but the inspection can be booked at any point before your defects liability period ends. If your contract sets a four-month period, book three to four weeks before it closes.
