209Rectification of defective building work

209 Rectification of defective building work

A person who carried out building work that is defective work must ensure the defective work is rectified at his or her own cost if –

(a) the defective work is discovered –

(i) [Section 209 Amended by No. 9 of 2023, s. 14, Applied:01 Oct 2024] at any stage before the second anniversary of the issue of the certificate of completion (notifiable building work) in respect of the work, if the work was notifiable building work; or

(ii) [Section 209 Amended by No. 9 of 2023, s. 14, Applied:01 Oct 2024] at any stage before the second anniversary of the issue of the certificate of completion (permit building work) in respect of the work, if the work was permit building work; and

(b) the relevant building surveyor, or the Director of Building Control, certifies on reasonable grounds that the defective work is due to –

(i) an omission, or faulty workmanship, by the person; or

(ii) the use of a defective or unauthorised material, fitting or building product by the person.

Penalty:  Fine not exceeding 100 penalty units.