QBCC Timeframes – Home Warranty and Defective Work

QBCC Timeframes – Home Warranty and Defective Work

QBCC Timeframes are regulated by the Queensland Building and Construction Commission (QBCC), the regulatory authority overseeing the construction industry in Queensland.

The QBCC is critical in ensuring accountability, safety, and compliance in residential building works. It is tasked with licensing contractors, managing disputes, and protecting homeowners through statutory insurance.

One of the most vital services provided by the QBCC is the Queensland Home Warranty Scheme.

This scheme offers financial protection to homeowners against defective building work, incomplete projects, or non-compliance by licensed contractors.

Through this statutory insurance, consumers can access assistance if a builder fails to rectify issues or complete agreed-upon work.

With the prevalence of construction disputes and the often-significant costs involved in rectifying defective or unfinished work, the QBCC scheme serves as a safeguard, providing peace of mind to thousands of Queensland homeowners each year.

Understanding QBCC Timeframes for Claims

Navigating the claims process under the QBCC’s home warranty scheme requires more than identifying defective work – timing is everything.

The QBCC enforces strict QBCC Timeframes for lodging non-completion and defective work claims. Missing these deadlines can mean losing your entitlement to compensation, regardless of the severity of the issue.

Understanding the applicable time limits is essential whether you’re dealing with:

1. A contractor who has failed to complete a job.
2. Structural defects, such as foundation movement or leaking roofs.
3. Non-structural defects, such as cosmetic damage or minor compliance issues.

Each category has a claim window, and failing to act within these limits can prevent you from accessing the protections the QBCC provides.

Knowing your rights and responsibilities under the scheme, including when and how to act, significantly improves your chances of achieving a successful claim outcome.

In this article, our building and construction lawyers spell out the QBCC timeframes for making Home Warranty and defective work claims.

The Queensland Home Warranty Scheme

The Queensland Home Warranty Scheme provides statutory insurance coverage for homeowners facing defective or incomplete residential building work.

The scheme is automatically activated when a licensed contractor signs a fixed-price contract and pays the premium.

It covers non-completion, structural and non-structural defects, and damage to incomplete works (e.g., from storms or theft).

Eligibility depends on contractor licensing and timely premium payment, while exclusions apply to owner-builder work, multi-storey buildings, and non-fixed items.

Cover begins when the contract is signed, the premium is paid, or physical work starts – whichever happens first.

What Is Covered Under the Scheme?

The Queensland Home Warranty Scheme is a statutory insurance program that protects homeowners from financial loss caused by defective or incomplete residential building work.

Administered by the QBCC, this scheme applies to most residential construction projects that licensed contractors undertake. It is automatically activated once a contract is signed, and the insurance premium is paid.

The scheme provides coverage for:

1. Non-completion of building work: If a contractor fails to finish a residential project.
2. Structural defects: Defects that affect the safety, stability, or habitability of a home (e.g., foundation movement, water ingress, unsafe balconies).
3. Non-structural defects: Cosmetic or minor defects that do not compromise structural integrity but still breach acceptable building standards.
4. Damage to incomplete works: This includes storm or fire damage, vandalism, and theft during the construction phase, subject to specific claim conditions.

This statutory cover ensures homeowners can access assistance, including rectification work and alternative accommodation, without relying solely on private legal action.

Types of QBCC Claims

The Home Warranty Scheme supports several types of claims:

1. Non-completion claims: Where a contractor defaults, becomes bankrupt, dies, or the company ceases to exist.
2. Defective work claims: Covering major (structural) and minor (non-structural) defects identified after the building work is completed.
3. Associated loss claims: Covering damage related to incomplete work, such as vandalism or storm damage, provided that strict QBCC timeframes and notification requirements are met.

Each claim type has clearly defined eligibility criteria and strict time limits for notification and lodgement, which will be explored in more detail in the following sections.

Eligibility and Exclusions

To be eligible for cover under the scheme:

1. The work must be residential building work under a fixed-price contract.
2. The QBCC must appropriately license the contractor at the time of contracting.
3. The insurance premium must be paid before work begins or within 10 days of signing the contract.

However, there are exclusions. The scheme does not cover:

1. Owner-builder work.
2. Commercial or industrial premises.
3. Multi-storey residential buildings over three storeys.
4. Non-fixed items like blinds, carpets, and some types of electrical appliances.

Additionally, the cover may be voided if the homeowner refuses access, rectifies work without QBCC approval, or fails to notify the builder and provide an opportunity to rectify the issue.

When Does Cover Commence?

The commencement of cover under the Home Warranty Scheme is automatic, provided all requirements are met. Cover begins at the earliest of:

• Signing the contract.
• The premium being paid (or represented as paid).
• Physical work commencing on site.

Homeowners may also opt to increase their coverage limit (from $200,000 to $300,000) by paying an additional premium, provided this is done within 30 days of the contract date or before construction begins — whichever comes first.

Knowing exactly when coverage starts ensures homeowners can act swiftly and confidently if a claim becomes necessary, reducing delays and avoiding potential disputes over eligibility.

Time Limits for Non-Completion Claims

Non-completion claims apply when a licensed contractor fails to complete agreed-upon residential work due to default, insolvency, deregistration, or the builder’s license being suspended or cancelled.

To qualify, the contract must be a fixed-price agreement that has been properly terminated, and physical work must have commenced.

Homeowners must lodge their claim within three months of the contract ending, and the contract must end within two years of work starting.

For theft, storm, or vandalism-related damage to incomplete works, claims must be submitted within 14 days of the incident.

Read more here – Terminating a Residential Building Contract in Queensland.

Definition and Examples of Non-Completion

A non-completion claim under the Queensland Home Warranty Scheme arises when a licensed contractor fails to complete the work they were contracted to perform. This situation can occur for a range of reasons, including:

1. The builder abandoned the project without finishing the work.
2. The contractor becomes bankrupt or insolvent.
3. The contractor’s company being deregistered.
4. Termination of the contract due to a serious breach or default by the builder.

In these cases, the QBCC may provide financial assistance to help the homeowner complete the work, subject to the scheme’s conditions and limits.

Conditions for Making a Claim

To qualify for a non-completion claim, several conditions must be met:

1. The building contract must be a fixed-price contract, not a cost-plus or construction management agreement.
2. The homeowner must properly terminate the contract due to the builder’s default or by operation of law (e.g., the builder dies, or the company is deregistered).
3. Work must have physically commenced on-site (unless seeking a refund of the deposit only).

Homeowners may be entitled to recover their deposit if work has not started and the contractor cannot fulfil the contract.

However, once physical work begins, compensation is based on the cost of completing the project beyond what the homeowner has already paid.

Critical QBCC Timeframes

Understanding the strict time limits for lodging non-completion claims is essential:

1. The building contract must end within two years from the date that work began.
2. The homeowner must then lodge the claim within three months from the date the contract ends.

Missing this deadline can result in the claim being rejected, even if the builder is clearly at fault.

Additional QBCC Timeframes for Special Cases

The scheme also extends limited protection for damage to incomplete building work caused by external events, but these too come with time-sensitive conditions:

1. Claims for storm, fire, theft, or vandalism damage must be lodged within 14 days of the incident.
2. Losses from theft or vandalism are only covered for amounts above $2,500, and a police report must be provided.

These short windows underscore the need for homeowners to act immediately when issues arise.

Waiting too long can permanently forfeit your right to compensation under the scheme.

Time Limits for Defective Work Claims

The Queensland Home Warranty Scheme categorises defects as structural or non-structural, each with strict QBCC timeframes.

Structural defects are covered for six years and six months from the premium payment, with claims due within three months of discovery.

Non-structural defects must be identified within six months of completion and claimed within seven months.

Homeowners must first notify the contractor and allow them the opportunity to fix the issue before escalating to the QBCC.

Categories of Defects

Under the Queensland Home Warranty Scheme, the QBCC distinguishes between two key categories of defective work:

1. Structural defects: These are serious issues that affect a building’s safety, integrity, or habitability. Examples include foundation movement, leaking roofs, water penetration, unsafe balconies, or major non-compliance with building standards.
2. Non-structural defects: These are cosmetic or minor issues that do not compromise safety. Common examples include cracked plaster, misaligned doors, or minor tiling faults.

Each type of defect has eligibility criteria and, critically, claim QBCC timeframes that homeowners must meet to receive assistance.

Time Limits for Structural Defects

Under the scheme, structural defects are afforded the longest protection period because they can cause serious damage or render a home unsafe.

Key time limits for structural defect claims:

1. The defect must arise within six years and six months from the date the insurance premium is paid.
2. The claim must be lodged within three months of the homeowner noticing the defect.

This means that even if the defect appears years after completion, if it surfaces within the six-year-and-six-month window and the claim is submitted within three months of discovery, the homeowner may still be eligible for assistance.

Time Limits for Non-Structural Defects

Non-structural defects are subject to a much shorter claims window, reflecting their lower risk to the property.

Important deadlines for non-structural defects:

1. The defect must be identified within six months of the date the work was completed.
2. The claim must be lodged within seven months from the date of completion.

Obligation to Notify Contractor Before QBCC

Before lodging any claim with the QBCC, the homeowner is required to:

1. Notify the licensed contractor of the defect.
2. Provide a reasonable opportunity for the contractor to return and fix the issue.

This step is not optional. The QBCC typically won’t process a defective work claim unless the contractor has been given a fair chance to rectify the problem, unless they are deceased, deregistered, bankrupt, or otherwise unable to return to the site.

See more here – Defective Building Work in Queensland – Complete Guide

Special Cases (Pools, Sheds, External Works)

Coverage for defects does not extend to all types of residential components. The following are either excluded or subject to special rules:

1. Swimming pools: Non-structural pool defects and accessories such as slides or surfacing beyond the coping are not covered.
2. Sheds: Defects caused by slab movement are excluded if the slab and shed were constructed under separate contracts.
3. External attachments: Items like blinds, carpets, vinyl flooring, floating floors, and appliances are not eligible for defect claims.

Homeowners must review what is covered before proceeding with a claim to avoid unexpected denials or delays.

Read more here – Delays in Construction Contracts in Qld – Complete Guide

Summary of Key QBCC Timeframes

Understanding and adhering to the strict QBCC timeframes imposed by the Queensland Home Warranty Scheme is essential for the success of your claim.

Whether dealing with an incomplete contract or discovering a construction defect months or even years after completion, timing can determine your eligibility for assistance.

Below is a comprehensive summary of the most essential claim deadlines under the scheme:

Important Notes:

1. QBCC timeframes begin from specific trigger events, not from the date of discovery in all cases.
2. Claims must be in writing and supported by relevant documents (e.g., contract, evidence of damage, photographs).
3. Failure to act within these windows will generally result in forfeiting your right to claim under the scheme.
4. Always notify the original contractor before lodging a defect claim unless they’re unavailable (e.g., deceased, insolvent).

By keeping these QBCC timeframes in mind, Queensland homeowners can avoid the disappointment of missed deadlines and fully utilise the protections offered by the QBCC.

Exclusions and Limitations

While the Queensland Home Warranty Scheme offers robust protection for homeowners, it’s not a catch-all.

Some specific exclusions and limitations define what is and isn’t covered.

Understanding these can help manage expectations and prevent wasted time pursuing ineligible claims.

Types of Work Not Covered

Certain types of buildings and construction activities are excluded entirely from QBCC home warranty insurance.

If your project falls into any of the categories below, you will not be eligible for a claim under the scheme:

• Commercial and institutional buildings, such as:
  • Hotels, motels, boarding houses, and hostels.
  • Hospitals, shopping centres, and retirement villages.
  • Schools and educational institutions.
• Owner-builder work.
• Multi-storey buildings over three storeys.
• Off-site manufactured buildings are not fixed to land.
• Sheds, carports, or garages linked to high-rise or multi-dwelling sites.
• Work involving the transport or loading of buildings.

Components and Fixtures Not Eligible for Defect Claims

Even within covered residential work, some individual elements and finishes are not included under the warranty scheme for defects:

• Soft furnishings and finishes, such as:
  • Carpets, floating floors, vinyl.
  • Curtains, blinds, internal shutters.
• Appliances and temporary fixtures:
  • Electrical appliances (e.g., ovens, dishwashers).
  • Portable spas and water tanks are not used for primary supply.
  • Shade sails, cubby houses, dog kennels.
• External accessories, including:
  • Fire alarms, scaffolding, phone or data cables.
  • Paving and slides associated with pools.
  • Slabs without a building constructed on top.

These exclusions often cause confusion, so it’s critical to confirm whether a particular element is covered before lodging a claim.

Situations That Void Eligibility

The QBCC may also deny claims due to specific actions or omissions by the homeowner, regardless of the defect or issue. These include:

1. Refusing access to the contractor or QBCC for inspection or rectification.
2. Releasing or indemnifying the contractor from liability.
3. Demolishing or repairing work before receiving written approval from the QBCC.
4. Failing to act in good faith by withholding relevant information.
5. Being aware of the defect before completion or property purchase.

For example, if you noticed a leaking roof during the build but failed to report it until well after handover, the QBCC may rule that you were reasonably aware of the issue and deny the claim.

Claim Amount Limitations

The QBCC scheme also imposes caps on the maximum financial assistance available:

• Standard cover: Up to $200,000.
• Optional extended cover: Up to $300,000.
• Accommodation allowance:
  • $5,000 for standard cover.
  • $10,000 for extended cover.

These caps include all costs—including repair, completion, alternative accommodation, and storage—so it’s important to factor this into your expectations when calculating loss or planning rectification.

Making a Claim with the QBCC

Lodging a claim with the QBCC under the Queensland Home Warranty Scheme involves a step-by-step process.

Homeowners must gather documentation, notify the contractor (for defects), and submit the claim via the QBCC portal or by post.

Claims must include all supporting evidence and meet strict QBCC timeframes.

Once lodged, the QBCC assesses eligibility and may arrange rectification or financial assistance.

Accuracy, timeliness, and good faith are critical to a successful claim outcome.

Steps to Lodge a Claim

If a homeowner faces incomplete or defective building work, the QBCC provides a structured claims process under the Queensland Home Warranty Scheme.

Lodging a claim is straightforward—but only if done correctly and within the strict QBCC timeframes.

Follow these essential steps:

Gather Documentation – Before submitting your claim, ensure you have the following:

1. A copy of your signed building contract.
2. Any invoices or proof of payment.
3. QBCC notice of cover or premium receipt.
4. Photographs of the defective or incomplete work.
5. Evidence of communication with your contractor.

Notify the Contractor (for defect claims)—If your work is defective, you must first notify your builder in writing and allow them a reasonable opportunity to rectify the issue.

See more here – Do I have to let the Builder Back on Site to Rectify Defective Work?

Submit Your Claim to the QBCC – You can lodge your claim through the QBCC’s online portal or by completing the required form and submitting it via post or in person.

Claims must include:

1. A clear description of the problem.
2. Supporting evidence.
3. Confirmation that the contractor has been notified (for defects).

Wait for QBCC Assessment – Once received, the QBCC will:

1. Review your documents and the validity of the claim.
2. Arrange an inspection or site visit if required.
3. Decide whether to issue a direction to rectify (for defects) or approve assistance under the scheme (for non-completion or damage).

Rectification or Financial Assistance – If your claim is approved:

1. The QBCC may manage rectification directly or pay a contractor to complete the work.
2. You may sometimes be reimbursed for deposits or accommodation expenses.

Required Documentation

To ensure a smooth process, include all of the following with your submission:

1. Building contract and any variations.
2. QBCC insurance documentation (proof of premium payment).
3. Photos and inspection reports.
4. Termination notice (for non-completion claims).
5. Police report (for vandalism or theft claims).
6. Accommodation receipts, if claiming related expenses.

Missing or incomplete information can delay your claim or result in denial, so it’s crucial to be thorough.

What Happens After You Lodge a Claim?

Once your claim is lodged:

1. The QBCC will assess whether the claim meets eligibility requirements.
2. If the contractor is still licensed and active, the QBCC may issue a direction to rectify before progressing to insurance assistance.
3. For non-completion, the QBCC may assign a builder to finish the work or offer a payout based on cost-to-complete estimates.
4. Accommodation claims must be submitted within 28 days of your claim being approved, and the property must be uninhabitable due to the issue or repair works.

Throughout the process, homeowners are expected to act in good faith, providing truthful and complete information.

Failing to do so may result in a rejected claim and the recovery of any funds paid under false pretences.

QBCC Timeframes – Key Takeaways

When protecting your investment in residential construction, understanding and acting within the QBCC’s strict timeframes can make the difference between a successful claim and a costly out-of-pocket repair.

Whether you’re facing defective workmanship, incomplete building work, or storm-related damage to a half-built property, the Queensland Home Warranty Scheme offers a valuable safety net—but only if the rules are followed.

Time limits vary depending on the type of claim, from as little as 14 days for vandalism or storm-related claims, to seven months for non-structural defects, and up to six years and six months for structural issues.

Missing even one of these deadlines may result in the permanent loss of your entitlements under the scheme.

Tips for Homeowners and Contractors

See below for a list of tips to assist both homeowners and builders:

1. Keep thorough records of all contracts, invoices, communications, and photos.
2. Understand what is covered and what isn’t before relying on the scheme.
3. Act quickly when you notice an issue—delays can cost you.
4. Communicate with your contractor in writing before escalating the matter to the QBCC.
5. Seek legal advice if you’re unsure whether your situation qualifies.

Protect Your Rights—Don’t Delay

If you suspect you have a valid claim under the QBCC Home Warranty Scheme, now is the best time to act. Delays can put your entitlement at risk and limit your options for recourse.

Need help lodging a claim or understanding your rights? Do you need a construction lawyer?

Visit the QBCC website, contact them directly at 139 333, or contact our lawyers today.

QBCC Time Limits – FAQ & Answers

Navigating building defects, delays, or incomplete work in Queensland can be overwhelming, but the QBCC Home Warranty Scheme offers essential protections if you act within the correct QBCC timeframes.

Below are answers to the most common questions homeowners ask about QBCC claims, defective building work, and non-completion time limits.

These concise, expert responses will help you understand your rights and avoid costly mistakes.

What is the Queensland Home Warranty Scheme?

The Queensland Home Warranty Scheme is a statutory insurance program that protects homeowners from financial loss caused by defective or incomplete residential building work. The QBCC administers it and automatically applies when a licensed contractor undertakes eligible residential work and pays the required insurance premium.

Who is eligible to make a QBCC claim under the Home Warranty Scheme?

Homeowners who contract licensed builders for residential work under a fixed-price agreement are eligible. The contractor must pay the warranty premium, and the claim must be lodged within the applicable time limits. Owner-builders and work on buildings over three storeys are generally excluded from coverage.

What qualifies as a non-completion claim in Queensland?

A non-completion claim arises when a contractor fails to finish building work due to insolvency, deregistration, death, or contract termination for default. The QBCC may cover the cost to complete the work or refund the deposit if no work has commenced, provided the claim meets specific conditions and deadlines.

How long do I have to make a non-completion claim with the QBCC?

You must lodge a non-completion claim within three months of the contract ending, and the contract must have ended within two years of work starting. Claims made after this period may be ineligible for compensation under the Queensland Home Warranty Scheme.

What is considered a structural defect by the QBCC?

Structural defects include serious issues such as foundation movement, water ingress, unsafe balconies, or failure to comply with critical building standards. To qualify for a structural defect claim, these defects must affect the building’s safety, liveability, or integrity.

How long do I have to claim for structural defects under QBCC?

Homeowners have six years and six months from the date the warranty premium was paid to make a structural defect claim. Once the defect is identified, the claim must be lodged within three months of discovery to remain eligible.

What is a non-structural defect in building work?

Non-structural defects are minor or cosmetic issues that don’t compromise the building’s structural integrity. Common examples include cracked tiles, poor paintwork, or sticking doors. The warranty scheme still covers these defects, but has shorter reporting timeframes.

What are the time limits for claiming non-structural defects in Queensland?

To claim a non-structural defect, it must become apparent within six months of the work being completed, and the claim must be lodged within seven months of the completion date. Claims outside these QBCC timeframes are usually ineligible.

Can I lodge a QBCC claim if the builder abandoned the project?

Yes. If a licensed contractor abandons the project and the contract is terminated correctly, you may lodge a non-completion claim with the QBCC. The claim must be made within three months of termination and two years of the work’s start date.

Does the QBCC Home Warranty Scheme cover pool construction?

Yes, but only certain parts. The warranty scheme covers structural defects in pool construction. However, surfacing outside the coping, non-structural pool defects, and accessories like slides or diving boards are excluded from coverage.

Are sheds covered under the QBCC warranty scheme?

Sheds may be covered for structural defects, but not if the concrete slab was built under a separate contract. Damage caused by the slab in this scenario is excluded. Coverage is limited to fixed and residential building components.

Does the QBCC cover storm or fire damage to incomplete work?

Yes, but strict conditions apply. If work is incomplete and damaged by a storm or fire, you must lodge a claim within 14 days of the event. The non-completion claim must also be accepted for this additional cover to apply.

Does QBCC cover theft or vandalism on incomplete works?

Yes, but only for losses exceeding $2,500. You must report the incident to the police and lodge the claim within 14 days of the event. The damage must relate to incomplete work, and a valid non-completion claim must be in place.

What documents do I need to lodge a QBCC claim?

You’ll need a signed building contract, proof of premium payment, photos of the issue, written evidence of contractor notification (for defects), and supporting materials like receipts or inspection reports. A police report is also required for theft or vandalism.

Can I repair the defective work before claiming?

No. If you repair or demolish the work before receiving written approval from the QBCC, your claim may be denied. You must first allow the original contractor an opportunity to rectify the issue unless they are unavailable.

Does the QBCC scheme cover alternative accommodation?

Yes. If your home is uninhabitable due to defective or incomplete work and your claim is accepted, you can claim accommodation expenses. Limits apply to $5,000 under standard cover and $10,000 under optional extended cover.

What happens after I lodge a QBCC claim?

The QBCC will assess your claim, inspect the property if needed, and determine if the contractor should rectify the issue. For non-completion or eligible damage, they may arrange repairs or issue a payment to cover costs within the insured limits.

Can a developer or builder claim under the warranty scheme?

Generally, no. Developers and licensed builders who conduct building work are excluded from making claims. However, subsequent homeowners who purchase affected properties may be eligible for cover under the scheme.

Does QBCC cover electrical appliances or soft furnishings?

No. The scheme excludes electrical appliances, carpets, blinds, floating floors, and other soft furnishings. It only applies to building components fixed to the property and essential to its structure or function.

Can I still claim if I bought the property after construction?

Yes, if you’re a subsequent purchaser of a covered residence and the original work is still within the warranty period, you may lodge a claim for eligible defects. Ensure the original construction was carried out under a valid QBCC-insured contract.