Building Warranties for Unit Complexes over Three Stories
As you may be aware there is no statutory builders warranty for structural defects for unit complexes over three stories high. This means that if there is any defective work done you can't force the builder to come back and fix it up and the building and services authority won't assist you in getting the work fixed up either.
There have been a number of cases run in New South Wales where unit owners have sued the developers and builders saying they owe a Common Law Duty
of Care to rectify defects in common property caused by defective building work.
It would therefore appear that a unit owner has no rights against the developer or builder unless there is something in the Contract of Sale.
In the New Zealand case of North Shore City Council, the Body Corporate 2010 record held that Council did owe Duty of Care to the owners of residential
buildings. Where Council issues a Compliance Certificate incorrectly then they will be liable for any damage suffered by unit owners.
Not withstanding the above, it is strongly recommended that people buying into unit complexes do so with the expectation that they are not covered
for structural defects. However, if the structural defects are serious there may be some avenue to recover the cost to rectify them from the Council.