Building Defects in NSW: When Alternative Dispute Resolution Fails, What Next?

In this episode of the Strata Law podcast, we’re discussing an issue that affects countless property owners across New South Wales — building defects and what happens when disputes can’t be resolved outside of court.

Anne Fernando, Partner at Sachs Gerace Lawyers, an expert in strata and construction law, breaks down everything you need to know if you’re facing building defect problems. We cover:

• The limitation periods under the Home Building Act — when the clock runs out on making a claim
• The difference between major defects and minor defects, and why the classification matters
• Who you can actually sue — builder, developer, or both — and in what circumstances
• Which court or tribunal has jurisdiction, depending on the value of the claim
• And the obligations of owners corporations under the Strata Schemes Management Act

Whether you’re a homeowner or part of an owners corporation, this episode will give you practical guidance on protecting your rights and understanding the legal pathways available when things go wrong with your building.