Defective roofing work: statutory warranties, time limits and how to get it fixed

Residential building work in Australia comes with statutory warranties that apply whatever the contract says: broadly, that the work is done with due care and skill, in accordance with the plans and the law, with good and proper materials, and is fit for purpose. In NSW these warranties run for six years for major defects and two years for other defects from completion. Other states have their own versions and periods: Victoria implies warranties into every domestic building contract under the Domestic Building Contracts Act 1995, with a general limit for building actions of 10 years; Queensland's statutory warranties under the QBCC Act run for 6 years for structural defects and 1 year for other defects. A leaking new roof is a defect you can pursue: notify the contractor in writing, then use your state regulator's dispute process, home warranty insurance where it applies, and the tribunal.

This guide is part of roofing problems and where to get help. It is general information, not legal advice; time limits are technical and you should check them early.

What counts as a roofing defect

Common defects after a re-roof:

• Leaks at valleys, flashings, penetrations or wall junctions
• Incorrect fixing patterns or missing screws for the wind classification
• Sheets too short at the gutter, or insufficient overhang
• Incorrect laps or fall leading to water ponding
• Dissimilar metals in contact causing corrosion
• Swarf (metal filings) left on the roof, causing rust spots
• Missing or torn sarking
• Gutters without adequate fall or overflow provision
• Cracked or poorly bedded ridge capping on tile roofs

Some are clearly major or structural, others are minor. How a state classifies them affects which warranty period applies.

Warranty periods by state (summary)

Home warranty insurance has its own claim periods, which may be shorter than statutory warranty periods. See home warranty insurance thresholds.

Step-by-step: getting a defect fixed

1. Document the defect. Photos, video during rain, ceiling stains, dates.
2. Notify the contractor in writing. Describe the defect, ask for an inspection within a reasonable time (for example 14 days), and refer to your contract and statutory warranties.
3. Allow access. Contractors usually have a right to inspect and rectify their own work.
4. If no response or refusal, contact your state regulator. Many have early dispute resolution: NSW (Building Commission NSW), Victoria (BPC dispute resolution), Queensland (QBCC early dispute resolution and directions to rectify).
5. Get an independent report if the contractor disputes the defect. A building consultant or roof plumber can describe the cause and the fix.
6. Tribunal. If unresolved, apply to NCAT, VCAT, QCAT or the relevant body.
7. Insurance. If the contractor is insolvent, dead or has disappeared (or, in first resort schemes, in wider circumstances), claim on home warranty insurance within its time limits.

Worked example (illustrative)

A Melbourne owner's new steel roof, completed in March 2026 for $24,000 under a contract signed in 2025, leaks at a box gutter after heavy rain in August 2026.

• The owner emails the roofer with photos on the day and asks for an inspection within 14 days.
• The roofer inspects and blames the existing box gutter, which was not in the scope of work.
• The owner checks the contract: the scope included "new box gutter and sump". The owner replies with the contract clause.
• The roofer still refuses. The owner applies to the BPC's dispute resolution service, which can arrange conciliation and, in some cases, an assessment by a building inspector and a dispute resolution order.
• If the roofer does not comply, the owner may go to VCAT. Because the contract was signed before 1 July 2026, the older domestic building insurance rules (last resort) would apply to any insurance claim.

The key facts that helped: a written contract with a clear scope, prompt written notice, and photos during rain.

Product warranties versus statutory warranties

• Product warranty (for example from the steel or tile manufacturer) covers the product against defects in its manufacture, subject to conditions such as environment and correct installation.
• Workmanship warranty from the contractor is a contractual promise.
• Statutory warranties come from legislation and cannot be excluded by contract in residential work.
• Australian Consumer Law guarantees also apply to services and goods supplied to consumers: services must be provided with due care and skill and be fit for purpose.

When a roof leaks because of poor installation, the product warranty usually will not help; the workmanship and statutory warranties will.

Avoid making it worse

• Do not get another roofer to rectify before the original contractor has had a chance, unless urgent; you may lose the ability to recover the cost.
• Do not stop paying an undisputed amount without advice; it can put you in breach.
• Keep communications in writing.
• Watch the time limits.

Frequently asked questions

Is a leak always a major defect?

Not necessarily. Classification depends on the state's definitions; a leak that causes serious damage or makes the home unusable may be major. Ask the regulator.

The roofer was a subcontractor. Who is responsible?

Your contract is with the head contractor, who is responsible to you for the work, including subcontractors' work.

Does selling the house end the warranty?

Statutory warranties generally pass to later owners for the remaining period.

Can I claim for water-damaged contents?

You may be able to claim the cost of consequential damage from the contractor, and your home insurer may cover sudden damage. Keep records of both.

Sources

• NSW Government building and renovating — statutory warranties and Building Commission NSW disputes
• Building and Plumbing Commission Victoria — dispute resolution for domestic building work
• Consumer Affairs Victoria — defects, delays and insolvency
• Queensland Building and Construction Commission — defective work complaints and time limits
• ACCC — consumer guarantees for services