Home Warranty: Determination of circumstances in which there is a minor cosmetic difference

1. Purpose

This is a determination made by Victorian Building Authority trading as the Building and Plumbing Commission (BPC) pursuant to regulation 20(2) of the Regulations, which allows BPC to determine circumstances in which there is a minor cosmetic difference between domestic building work that is defective or non-compliant and the plans and specifications in your domestic building contract (minor cosmetic differences).

The First Resort Home Warranty Scheme (Home Warranty) does not provide assistance to building owners for minor cosmetic differences.

2. What is a minor cosmetic difference?

The phrase 'minor cosmetic difference' is not defined in the Regulations, however, the regulations provide some useful examples of a minor cosmetic difference:

• minor paint imperfections, including small scratches, chips or slight variations in colour or
  finish; and
• the use of different fixtures or fittings that do not reduce the quality, function or value of the
  domestic building work.

The BPC can also determine circumstances in which there is a minor cosmetic difference (Determination).

If the BPC determines circumstances in which there is a minor cosmetic difference, it must publish its Determination on its website.

If a particular item or category of minor cosmetic difference is not listed in a Determination published on its website, that does not mean it is not a minor cosmetic difference under Home Warranty. The BPC will assess whether an item claimed is a minor cosmetic difference that is not listed in a published Determination at the time of assessing a claim for assistance.

However, if a minor cosmetic difference is listed in a Determination published on the BPC's website, assistance for that item will not be available under Home Warranty.

3. BPC's Determination of minor cosmetic differences

The BPC determines that the following circumstances are minor cosmetic differences between the domestic building work that is defective or non-compliant and the plans and specifications included in a domestic building contract:

• an item claimed that falls within acceptable tolerances pursuant to the BPC's Guide to Standards
  and Tolerances
• small paint scratches, chips or touch-up marks
• minor surface blemishes or scuff marks on a wall or door that occurred during construction
• minor variations in paint finish, including barely visible brush marks, which are not visible from a normal viewing position
• minor paint colour variation between rooms, or between wall sections repainted at different times
• minor grout colour or width differences or variations
• differences in paint sheen levelF
• slight texture differences in render
  
• slight unevenness in render texture that is within acceptable tolerances pursuant to the BPC's Guide to Standards and Tolerances and not visible from normal viewing position
• small gap between skirting board and wall (e.g., less than 2mm) consistent with acceptable trade
  practice
• small surface marks on any building element, fixture or fitting or appliance
• slight colour or finish variation in paint, tiles or fixtures
• hairline plaster cracks that are not caused by structural movement
• minor tile lippage
• natural timber colour or grain variation
• minor visible joins in bench tops
• minor exceedance of minimum gaps between flooring (e.g. gaps in timber flooring)
• floorboards being slightly out of parallel with perimeter walls, where the difference is barely visible from a normal viewing position
  
• minor colour variations in brickwork mortar
• overapplication or messy application of brickwork mortar
• minor inconsistency in the thickness of bed joints of bricks that is within acceptable tolerances
  pursuant to BPC's Guide to Standards and Tolerances
• slight difference in carpet pile direction between adjacent sections of the same colour
• minor variation in ceiling height (e.g. 2mm–5mm difference across a large room)
• use of alternative fittings or fixtures of equivalent quality that still function as intended
• dissatisfaction with the look of finishes chosen during the build
• a minor variation or imperfection that affects the appearance only of domestic building work or
  affects a component or element of the work that serves a decorative function only
• a defect or non-compliance that does not affect the functional use, safety or durability of the work
• a visual difference between the domestic building work and the plans and specifications in the
  domestic building contract which relates to how something looks, not how it functions or performs
• a technical non-compliance that does not impact on the functional utility and amenity of the
  building or the practical use of the building, and
• a defect or non-compliance which does not cause the building owner a loss of utility or amenity if the defect or non-compliance is not rectified.

These minor cosmetic differences listed in this Determination are not covered by Home Warranty.