If a Home Warranty claim is made about your work

A homeowner may seek assistance under Home Warranty if they believe eligible domestic building work is incomplete, defective or non-compliant.

In most cases, homeowners are encouraged to try to resolve the issue with their builder, if the builder is still trading, before the BPC considers a claim.

Complaint notice

A complaint notice is a written notice that sets out the building work issues.

It gives the builder an opportunity to respond before the BPC considers a formal claim.

The builder must respond to the complaint notice within 28 days, unless an exemption applies.

The 28-day period does not include the period from 22 December to 10 January.

How to respond to a complaint notice

Your response must state whether you agree, in full or in part, that:

• the domestic building work is incomplete, defective or non-compliant
• you carried out that domestic building work.

If you agree in full or in part, your response must set out:

• what action you propose to take
• whether you will rectify defective or non-compliant work
• whether you will complete incomplete work
• when the proposed action will be carried out.
• If you do not agree, your response must explain your reasons.

If the issue is not resolved

The homeowner can submit a claim for assistance on or after the day they submit a complaint notice.

If the issue is not resolved, the BPC can proceed to assess the claim.

If the builder is trading, the BPC must consider issuing a rectification order before it determines a Home Warranty claim.

If the builder is not trading, the BPC will proceed to assess the Home Warranty claim.

The homeowner and builder will be told the Home Warranty claim decision in writing, including the reasons for the decision.

When a complaint notice may not be required

The BPC may exempt a homeowner from serving a complaint notice if it is satisfied that:

• the relationship between the homeowner and the relevant person has broken down
• it is not appropriate in the circumstances for the homeowner to serve the notice.

A homeowner may also be exempt from serving a complaint notice if the work presents:

• an imminent risk to the health or safety of occupants of the home
• an imminent risk to members of the public
• a danger to property.