Active Law specialises in providing advice to bodies corporate regarding not only the application and interpretation of the Body Corporate and Community Management Act, but also remedies available to bodies corporate under the Queensland Building and Construction Commission Act for the rectification of defective building work.

We routinely handle building work complaints to the Queensland Building and Construction Commission (QBCC) on behalf of bodies corporate and get defects rectified, including costly water ingress and fire safety defects, that the bodies corporate would otherwise have to pay to have rectified limiting the body corporate’s costs to the costs of the QBCC complaint process.

Since November 2017, the Queensland Building and Construction Commission Act has required that a complaint for a direction to rectify building work “must” be made within twelve months of becoming aware of the defect.  As complaints to the QBCC are often preceded by protracted investigations and attempts by builders to rectify, bodies corporate need to act immediately after becoming aware of defects. Any delay could prejudice a body corporate’s rights to make a claim.

As well as preparing building work complaints to the QBCC, Active Law works with building managers and remains involved throughout the process of inspections and decision making by QBCC and assists in obtaining internal and external review of any aspect of the outcome of a complaint that is not satisfactory.

Brendan Cole is a member of Active Law’s dedicated building and construction law team. Brendan has considerable experience in construction law. Prior to joining Active Law, Brendan was a senior in-house lawyer at the Queensland Building and Construction Commission for 10 years. Paul Hick is also a member of Active Law’s building and construction law team. Paul also specialises in construction law and has many years of experience too. Being an ex-builder, Paul enhances the skills of the building and construction law team with hands on experience.

Active Law can identify the need for expert building or engineering advice to support a complaint and can recommend building experts and engineers with proven ability to comprehensively identify and report on issues and to assist in any external review of QBCC’s decisions.

For buildings constructed less than six years and six months ago, the body corporate will need to consider if there are any defects on the scheme that the builder is responsible for. It is surprising how many defects are identified that bodies corporate would otherwise remain completely unaware of without the assistance of experts.

Please feel free to speak with any of Active Law’s construction law experts about the options and entitlements available to bodies corporate for the identification and rectification of building defects.


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The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.