Remedial Engineering · NSW · New South Wales
Apartment waterproofing defects
Remedial engineering assessment documented membrane failures, resulting damage and the required rectification scope.
Rectification agreed- Building
- 9-storey Class 2 strata residential
- Defect
- Balcony & bathroom membrane failure
- Forum
- NCAT Consumer & Commercial Division
- Standards
- AS 3740, AS 4654.2, NCC Volume One
The dispute
An owners corporation reported widespread balcony and bathroom leaks affecting more than forty lots within the statutory warranty period. The builder offered limited spot repairs. The strata committee retained our remedial engineering expert to assess whether the defects were major under the Home Building Act 1989 (NSW) and to define a building-wide rectification scope.
Matter: Strata plan vs. builder, Home Building Act claim
Our expert's findings
Lot-by-lot inspection and invasive opening up confirmed the membrane system was incompatible with the substrate, with poor detailing at penetrations, hobs and drainage falls. The defects were systemic and met the major defect threshold. Spot repairs would not provide a durable, code-compliant solution.
Outcome
The builder accepted the building-wide rectification scope, which was tendered using the expert's specification. The strata plan avoided protracted litigation and recovered a durable rectification rather than recurring spot repairs.
Frequently asked questions
What is a major defect under the Home Building Act?
A defect in a major element of the building that causes or is likely to cause inability to inhabit, destruction, or threat of collapse — extended to waterproofing defects by section 18E.
Why was a building-wide scope justified?
The same defective system was used throughout the building, so failure was statistically certain across the population of lots, not isolated to those that had already leaked.
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