For many property owners, defective building work shows up in the worst ways—a new ceiling leaks like a waterfall, tiles crack across a fresh floor, or a deck starts sagging within months. When this happens, you’re not powerless. Queensland law gives you rights to demand rectification, claim compensation, and hold contractors accountable.

Read on to learn how the law protects you, the steps to take if defects appear, and how to hold builders accountable before small problems turn into costly disasters.

What’s inside

• • Queensland’s Toughened Enforcement Landscape
  • What are Considered Defective Building Works?
  • What You Can Do When You Find Defects
  • What Happens if a Builder Ignores a DTR
  • Strict Timeframes
  • When Negotiation Fails: Litigation Pathways
  • Contracts and Your Rights in Building Disputes
  • Building a Strong Case
  • Do I Need a Lawyer?

Queensland’s Toughened Enforcement Landscape

Poor-quality construction rarely goes unnoticed in Queensland, owing to one of the state’s toughest regulatory systems. The Queensland Building and Construction Commission (QBCC) can order repairs, issue hefty fines, and even cancel a builder’s licence. In recent years, the QBCC has become more willing to use these powers quickly and decisively.

When inspectors spot a defect, it usually leads to a Direction to Rectify (“DTR”). For builders, this raises the stakes; for property owners, it means problems are addressed faster.

Central to these disputes is the QBCC’s Standards and Tolerances Guide. Regularly updated, it sets out what counts as acceptable workmanship. Inspectors use it to decide whether construction work is defective or meets the required standards.

What are considered defective building works anyway?

Not all building defects are treated the same. Under Queensland law, they fall into two main categories—structural and non-structural—and the difference matters. It affects your rights, the time limits for action, and what remedies are available.

Structural Defective Building Work

These are the serious defects that affect safety, strength, or usability. Examples include:

• Structural failures
  • Foundation cracks that cause the building to settle and make doors or windows jam.
  • Cracks wider than 5mm in load-bearing walls that weaken the framework.
• Health and safety risks
  • Sagging roof beams that create dips in the roofline and risk collapse.
  • Balconies where railings pull away or decking moves dangerously.
• Loss of intended use
  • Sagging floors that block wheelchair access or make rooms unusable.
• Water penetration
  • Leaks through the roof structure that allow rain to damage interiors.
  • Cracks in a pool shell that let water leak through the concrete.
• Fire safety breaches
  • Damage to fire-rated walls that reduces their ability to stop fire spreading.

Non-Structural Defective Building Work

These are usually cosmetic or minor issues that don’t affect the building’s structure. Examples include:

• Appearance defects
  • Poor paintwork, such as visible brush marks or uneven coverage.
  • Small chips in concrete that affect the looks but not the strength.
• “Settling-in” issues in new builds
  • Doors or windows not closing properly or leaving gaps outside tolerance.
• Workmanship problems
  • Uneven floor tiles (over 2mm difference) that look unsightly or create tripping risks.
• Minor faulty installations
  • Gutters that sag or don’t flow well but don’t affect structural safety.

What You Can Do When You Find Defects

Talk to Your Contractor First

Before the QBCC gets involved, you need to give your builder a fair chance to fix things. This means:

• Send them written notice of each defect (email or letter works).
• Set a clear deadline—usually about 14 days—for repairs.
• Allow them access to carry out the work.
• Follow any dispute resolution steps in your contract.

Keep Records of Their Response

• Save all emails, texts, and letters.
• Record whether the builder responds reasonably.
• Note if they refuse to fix clear defects or block site access.

Go to the QBCC (If the Builder Won’t Act)

If the contractor doesn’t step up, your next step is a formal complaint to the QBCC. Make sure to include:

• A clear description of the defect.
• Photos of the problem.
• Proof you first gave the contractor a chance.
• Copies of contracts, plans, or specifications.

QBCC Review and Early Resolution

Once you lodge a complaint, QBCC officers review your evidence and often reach out to both sides. In many cases, they’ll try to settle things quickly through discussion before moving on to a full inspection or investigation.

Site Inspection

When needed, the QBCC will send an inspector to review the building on-site. They compare it against:

• The Building Code of Australia
• Relevant Australian Standards
• The QBCC Standards and Tolerances Guide
• Approved plans and contract specifications

DTR Decision

After inspection, if defects are found, the inspector usually issues a DTR, which in most cases gives the contractor 35 days to fix the work.

What Happens if a Builder Ignores a DTR?

There can be serious consequences, including:

Penalties

• Individuals: up to $41,725 fine
• Companies: up to $208,625 fine

Licence Consequences

• 10 demerit points on the builder’s licence
• Potential licence conditions or restrictions
• Possible suspension or cancellation
• Non-compliance is recorded publicly on the licence search

The QBCC treats non-compliance very seriously, usually taking action soon after the 35-day deadline passes.

Strict Timeframes

Deadlines rule defective building disputes. Miss one, and the chance to have work repaired—or to hold someone accountable—can disappear for good.

QBCC Enforcement Time Limits

• Structural defects: The QBCC can order repairs for up to 6 years and 6 months after completion, since serious issues often take years to show.
• Non-structural defects: The limit is just 12 months after completion. These smaller problems, like cosmetic flaws, usually appear quickly.

The QBCC also has the authority to intervene while construction is still underway, allowing early enforcement rather than waiting for completion.

Deadlines for Property Owners

Owners, too, must act swiftly:

Type of Defect	QBCC Complaint Deadline	Queensland Home Warranty Scheme Deadline
Structural Defects	Within 12 months of discovering the defect, provided it arose within 6 years 6 months of completion	Within 3 months of discovery
Non-Structural Defects	Within 12 months of practical completion	Within 7 months of completion

These rules create a constant tension: investigate thoroughly, but move quickly. Waiting too long can mean losing the right to any remedy.

When Negotiation Fails: Litigation Pathways

Not every defect dispute can be resolved with polite letters or regulatory orders. When negotiations stall, Queensland offers several legal avenues.

The Tribunal for Building Disputes

The Queensland Civil and Administrative Tribunal (QCAT) is the first port of call for most building disputes. Its advantages are clear:

• Specialist decision-makers with construction expertise
• Streamlined, less formal processes
• Lower costs than court litigation
• Faster outcomes that minimise business disruption

That said, QCAT can usually only deal with domestic building  matters involving amounts up to $50,000. Larger disputes can be heard if both parties agree, but when millions are at stake, that consent may not be forthcoming.

Importantly, property owners must attempt QBCC dispute resolution before approaching QCAT. While this can feel like an extra hurdle, it often prompts early settlements.

High-Stakes, Complex Cases

For disputes that exceed QCAT’s limits or involve intricate contractual issues, the path leads to Queensland’s courts:

Court	Dispute Amount
Magistrates Court	Up to $150,000
District Court	Between $150,000 and $750,000
Supreme Court	No limit

These courts deal with:

• Disputes involving multiple parties, such as contractors, subcontractors, and consultants
• Large, high-value commercial projects
• Requests for court orders to make someone do something (injunctions or specific performance)
• Professional negligence claims against architects, engineers, or building certifiers

They also offer a wider range of solutions, including financial compensation, special court orders, and temporary protections for property while the case is ongoing.

Contracts and Your Rights in Building Disputes

Behind every building dispute is a contract, and misunderstanding its terms can be costly.

A common myth is that once the defects liability period ends, the contractor is off the hook. In reality, contractors can still be held responsible for serious breaches of contract long after this period finishes.

The defects liability period only deals with how known issues are managed immediately after completion, but your broader rights under contract law, limitation laws, and consumer protection legislation may continue for many years.

Limitations in Contracts Aren’t Always Enforced

Many contracts try to limit a contractor’s responsibility through:

• Caps on total liability
• Exclusions for indirect or economic losses
• Shorter time limits than the law allows

But these clauses aren’t always enforceable. Consumer protection laws, rules against unfair contracts, and prohibitions on misleading conduct can make them invalid. In serious cases, courts may strike them down entirely, leaving contractors fully accountable.

How to Build a Strong Case

Evidence Gathering

Success in any dispute hinges on evidence. Owners should:

• Photograph defects from multiple angles
• Keep meticulous records of conversations and correspondence
• Retain copies of emails, texts, and inspection reports
• Record weather conditions or events relevant to the defect
• Preserve invoices for emergency repairs

Technical reports are equally critical. Independent building inspectors, engineers, and other specialists can provide objective assessments of the defect’s cause, severity, and repair costs.

Contractor Engagement

• Always put conversations in writing after speaking in person or by phone.
• State defects clearly, without hostility or speculation about blame
• Set reasonable but firm timelines for rectification
• Stay professional but assertive
• Avoid statements that might be seen as accepting liability

Red flags that suggest legal intervention is needed include outright denial of obvious defects, demands for extra payment to fix poor work, or complete communication breakdowns.

So, Do I Need a Lawyer?

You may not need a lawyer for every minor defect, but having one on your side is often the safest path. The law in this area is complex, and professional advice can mean the difference between a quick fix and a costly, drawn-out dispute.

Our experienced Gold Coast Commercial Litigation Lawyers can:

• Evaluate the strength of defect claims under both contract and statute
• Navigate QBCC and tribunal procedures
• Develop litigation strategies that balance recovery with cost control
• Negotiate settlements that secure both immediate repairs and long-term protections
• Work with technical experts to build strong evidence

With the right legal team, you can move forward with confidence and protect your investment.

We Help You Navigate Building Disputes

Defective building work is not just an inconvenience—it is a serious legal and financial risk that can upend businesses and jeopardise safety. Queensland’s legal framework is strict, with unforgiving deadlines and powerful enforcement mechanisms. Property owners and contractors alike must act quickly, understand their contractual and statutory rights, and, where necessary, pursue resolution through the QBCC, QCAT, or the courts.

At Frigo James Legal, we combine legal insight with sharp, results-focused strategies. Our Commercial Litigation Lawyers Gold Coast stand ready to safeguard your interests and achieve the best possible result, no matter how complex the dispute.

Get in touch now for a customised assessment and clear advice on how to move forward.