Short answer
A building defect is a fault in the design, materials or construction of the building — something that was wrong from the outset. Wear and tear is the normal deterioration that comes with age and ordinary use. The distinction matters because defects, particularly in newer buildings, may be covered by builder warranties or a statutory defects scheme, while wear and tear is simply part of maintaining the building over time.
Why the difference matters
The two are handled through different routes:
- A defect may give the owners corporation a claim against the builder or developer, or fall under statutory warranty or defect-liability arrangements — meaning the cost of putting it right might not land on the scheme alone.
- Wear and tear is ordinary maintenance the owners corporation funds and manages as part of keeping common property in good repair.
Getting the classification right can change who ultimately pays, which is why it’s worth establishing before simply booking a repair.
Telling them apart isn’t always easy
The line between the two is often genuinely unclear — a recurring problem might be a construction defect or might just be an ageing component reaching the end of its life. For significant or disputed issues, an independent expert report (an engineer or building consultant) is often needed to identify the cause. Timing can also matter: warranty and defect-claim rights run to time limits, so a suspected defect in a newer building is worth investigating promptly rather than treating as routine wear.
Keeping the evidence together
Whether an issue turns out to be a defect or wear and tear, the record supports the outcome — especially if a builder claim is on the table. A system such as Straita lets a self-managed committee log the issue, attach the expert’s findings, track the repair or claim and keep the history in one place, so the scheme can pursue a defect claim on evidence and show the pattern if a problem recurs.
Primary sources
- Strata Schemes Management Act 2015 (NSW) — s 106, duty to maintain and repair common property.
- NSW Government — Strata schemes (Fair Trading) — building defects and repairs.