where applicant builder sought review of decision by Commission to issue a Direction to Rectify out of level flooring and other non-structural defects
relevance of the Rectification Policy
Quick Take
1A consumer complaint made outside the 12-month period in s 71J(4) of the QBCC Act does not operate as a statutory bar on the QBCC's power to issue a direction to rectify under s 72; the lateness of the complaint is instead a discretionary factor under the s 72(5) unfairness assessment.
2Whether building work is 'defective' under the QBCC Act is not limited to non-compliance with the Standards and Tolerances Guide; the statutory definition encompasses work that is objectively 'faulty' or 'unsatisfactory', and measurements taken after the Guide's 12-month window may be used to establish the likely condition within that window.
3A builder who encourages homeowners to defer reporting defects until after the 12-month maintenance period cannot then rely on the consumer's delay in complaining to the QBCC as a basis for arguing unfairness under s 72(5).
