AustraliaThe building materials used in my new house don't meet safety standards. Who is responsible?
The builder, developer, and manufacturer may all be legally responsible — the builder is primarily liable under statutory warranties in the Home Building Act, and the Australian Consumer Law applies to defective materials.
What the Law Says
In Australia, responsibility for unsafe building materials falls across several laws — primarily state-based home building legislation and the national Australian Consumer Law (ACL). Builders are bound by mandatory statutory warranties, and suppliers of materials must comply with consumer guarantees and safety standards.
Under the Home Building Act 1989 (NSW), a builder gives automatic statutory warranties for residential work — including that the work will be done with due care and skill, and that all materials supplied will be good and suitable for their purpose. These warranties apply even if not written into the contract.
The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) also applies: it guarantees that goods (including building materials) are of acceptable quality, safe, and fit for purpose. If materials are unsafe or fail to meet mandatory safety standards, this is a breach of the ACL.
Importantly, liability isn’t limited to the builder — manufacturers, importers, and suppliers can also be held accountable under the ACL for supplying unsafe goods. The builder remains primarily liable to the homeowner, but may seek contribution from others further up the supply chain.
Statutory TextThere are implied warranties… that all work will be done with due care and skill and that all materials supplied will be good and suitable for the purpose for which they are used.
— Home Building Act 1989 (NSW), s. 137B — Statutory warranties
Statutory TextA person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 18 — Australian Consumer Law
Statutory TextGoods are of acceptable quality if they are safe, durable and free from defects… and fit for all purposes for which goods of that kind are commonly supplied.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 54 — Consumer guarantees
What to Do
Contact your builder in writing to identify the defective materials and request rectification within a reasonable time.
Engage an independent building consultant or engineer to inspect and document the non-compliance with safety standards.
Lodge a complaint with NSW Fair Trading (or your state’s equivalent) — they can mediate or refer matters to the NSW Civil and Administrative Tribunal (NCAT).
If unresolved, consider making a claim in NCAT (for NSW) or your state tribunal within 6 years for major defects or 2 years for minor defects.
Seek legal advice before signing any settlement — rights under the ACL cannot be excluded by contract.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.