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If your new-build apartment is delayed, defective or missing a promised amenity, start with your signed contract, document the problem and notify the developer in writing. Your options and deadlines depend on where the apartment is, what your contract says, whether the issue is inside your unit or in a shared area, and whether you have reached settlement or handover. Do not assume you can withhold settlement funds or end the contract without first checking the documents and getting local advice.
What should you do first?
Identify the problem, preserve the evidence and check the contract before agreeing to a change or taking a step that could affect settlement. A delayed completion, a defect in the apartment and an absent shared amenity may look like versions of the same problem, but they involve different evidence and may lead to different remedies.
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- Locate the complete contract file. Gather the signed sale contract and attachments, plans, specifications, finishes schedule, written variations, payment records and any warranty or insurance documents. Include written promises about facilities such as a gym, pool, storage area or parking. A sales brochure or conversation may be relevant, but compare it with the documents that form part of your agreement and ask a local adviser how other representations are treated.
- Write a separate list of issues. Note what is late, incomplete, damaged or absent. Identify whether each item is within your apartment or part of a shared area, and whether it affects safety, access or ordinary use. Keep distinct issues separate rather than describing everything as “unfinished.”
- Record what you can see. Take dated photographs or video, write down the location and when you first noticed the issue, and link it to the relevant plan, specification or contract clause if you can. Keep copies of emails, notices, inspection reports and responses. NSW guidance specifically lists contracts and variations, plans and specifications, payment evidence and home-building compensation details among records that may matter.
- Notify the developer in writing. State what is wrong or missing, attach the evidence and ask who will inspect or address it and by what date. For a delay, ask for the reason, a current completion program and how the contract’s extension process applies. Keep the sent message and proof of delivery.
- Check the local process and act before deadlines. Warranty periods, statutory claim windows and tribunal filing deadlines vary. Contact the relevant building or consumer regulator, dispute-resolution body or a local property/construction lawyer promptly if the developer does not respond, a deadline may be close, or the issue could affect settlement.
This is a practical process, not a statement that every buyer has a right to a particular remedy. The facts and governing law matter, especially before settlement, so get advice before withholding money, refusing to complete or trying to terminate.
What should you check in the contract?
The contract is the starting point for deciding whether a completion date, feature or repair obligation was promised and what procedure applies if it changes. Read the full contract package, not just the front page or marketing material.
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- Completion date and extensions: Find the stated date, the circumstances that permit an extension, how notice must be given, and whether you must respond within a set period. Ask the developer to identify the clause relied on and provide the extension notice or supporting explanation required by the contract.
- Long-stop or termination terms: Look for a final date after which a buyer may have a right to withdraw, and check the conditions and notice procedure. Do not assume a long delay automatically gives you a termination right; that depends on the clause and local law.
- Plans, specifications and finishes: Compare what is being delivered with the signed plans, materials, appliance schedules, common-property plans and any later written variations. Record differences precisely: for example, “the specified storage cage is not shown at the agreed location” is more useful than “storage is wrong.”
- Amenities and common property: Identify whether a promised facility appears in binding documents, whether it is a shared area or an item within the apartment, and whether there is an agreed completion or opening date. A building facility may be incomplete even when your unit is ready.
- Inspection and defect-notice provisions: Check whether the contract gives you access to inspect, when a snagging inspection can happen, how defects must be reported and whether there are prescribed forms or deadlines.
- Settlement conditions: Review the conditions for completing the purchase, the notice process and what happens if a party does not complete on time. This is the point to obtain local legal advice: do not infer a right to delay settlement from the existence of a defect.
- Warranty documents: Find the start date, covered work, exclusions, claim process and end date. A general description of a warranty does not establish that every part of the apartment, attached land or common property is covered.
The UK Government’s home-buying guidance advises buyers to understand what happens if the new-build completion date changes and what will be fixed before completion. NSW guidance likewise recommends reviewing timing clauses and asking why an extension is being sought. These are jurisdiction-specific examples; your own contract and local rules control your situation.
What should you do if the apartment is delayed?
Ask for a written update and compare it with the contract’s completion and extension provisions. A delay by itself does not create the same remedy in every jurisdiction, and an agreed extension can change the analysis.
- Request a dated explanation. Ask what is preventing completion, what work remains and the current expected completion date. Request a revised program and the reason for any claimed extension.
- Check the notice mechanics. Confirm whether the contract requires a specific form of notice, evidence or response from the developer. Keep the notices and note when they arrived; do not rely on a verbal assurance that the date has moved.
- Plan for the practical effects. If you may need alternate accommodation or storage, keep a record of relevant dates and costs. NSW Government delay guidance recommends planning for alternate accommodation where needed. Whether costs can be recovered is a separate legal and contractual question, not guaranteed by keeping receipts.
- Do not accept a variation casually. If the developer proposes a substituted finish, amenity or completion arrangement, request the proposal in writing and ask about cost, quality, timing and warranty implications before agreeing. NSW guidance warns that variations can affect cost and quality.
- Get advice before using a remedy. In the UK, a long-stop date may be included in the contract and may permit withdrawal after a long delay. In NSW, the government directs buyers to the contract’s timing and extension clauses and says compensation or breach remedies may be available in some circumstances when a deadline is missed and no extension was agreed. Neither example establishes what a buyer elsewhere—or even every buyer in that jurisdiction—can do.
Ask a local property lawyer or relevant consumer authority to review the contract and notices if a long-stop date is approaching, the developer asserts a disputed extension, or you are considering delaying settlement or ending the purchase. Acting on the wrong date or using the wrong notice process can put your position at risk.
How do you report defects or incomplete work?
Report each defect promptly in writing, with enough detail for the developer to locate and assess it. A clear record makes it easier to distinguish the original problem from later repair work or a disagreement about whether it was fixed.
For each item, record:
- the date you found it and the apartment or common-area location;
- what is wrong, including symptoms such as a leak, crack, failed fitting or unfinished surface;
- dated photos or video showing both the detail and its location;
- the related contract, plan or specification if you have identified one;
- when you reported it, who responded and what inspection or repair was proposed; and
- the date and outcome of any access appointment or repair.
Ask the developer to confirm receipt, identify the person responsible, arrange an inspection where appropriate and provide a proposed rectification date. Keep the request factual. If a repair is attempted, record what was done and whether the original problem remains or returns; avoid signing a document saying the matter is resolved unless that accurately reflects your position.
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Consider the timing and scope of an independent snagging survey. GOV.UK says buyers can arrange a professional survey or do one themselves, and suggests agreeing at exchange that an inspection take place after the home is built and before completion. A survey can help identify observable issues, but its scope varies and it does not guarantee that the developer will accept or fix every item. Ask what areas and systems are included, what access is needed and when the inspection can occur.
For a safety risk, active water ingress or another urgent condition, do not wait for an ordinary defect-list exchange. Use the appropriate local emergency, building-safety or utility reporting channel and notify the responsible party in writing as soon as practical. This guide cannot diagnose a hazard; where there is immediate danger, prioritize safety and local emergency guidance.
What if a promised amenity is missing or different?
Compare the specific promise with the signed contract, plans, specifications and written variations before deciding what to request. Whether an omitted or substituted amenity supports completion, repair, compensation, a settlement adjustment or termination depends on the documents and local law.
Build a simple comparison record with four columns: what was promised, where the promise appears, what exists now and what you are asking the developer to do. For example, distinguish a facility that is absent from the approved or contract plans from one that is shown but unfinished, inaccessible or delivered with a different specification. Note whether the promise concerns your unit or shared building property.
Write to the developer asking for a specific response: is the item delayed, removed, relocated or being substituted? Request the relevant approved variation and the expected date or proposed alternative. If a substitute is offered, ask for its specification, any effect on cost or quality, the warranty position and whether it changes the completion schedule. Do not give consent to a changed specification based only on an informal conversation.
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A sales representation can raise questions even when it does not appear in the contract, but the available data does not establish how any particular brochure, display or conversation would be treated. Preserve the material and obtain advice in your jurisdiction rather than assuming it is either binding or irrelevant.
Does it matter whether the defect is inside the apartment or in a shared area?
Yes. An issue inside your unit and one affecting common property may involve different documents, responsible parties and dispute routes. Identify the location clearly and ask the developer or building manager who is responsible for investigating it.
In an apartment building, a leak, façade problem, lift fault or unfinished shared facility can affect multiple owners, while a defective fitting may be confined to one apartment. The party responsible for repairs can depend on whether work or materials were defective or incomplete, whether a statutory warranty claim was made on time, whether defects were recorded, whether an occupation certificate was issued, insurance and maintenance. Legal Aid NSW’s apartment-building guidance identifies these as factors and advises seeking legal advice for concerns about defects in a lived-in or prospective apartment.
Keep evidence of common-area problems even if you cannot arrange repairs yourself. Report them to the developer and relevant building or owners’ representative in writing, and retain any notices or inspection records. Do not assume that a warranty or individual complaint route covers all shared property; check the policy and local scheme.
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NSW also has a building-level compliance regime for apartment construction before an occupation certificate. The regulator may investigate serious defects and issue orders affecting occupation certification, rectification or stopping work. That oversight is distinct from an individual buyer’s contract rights and is not a substitute for reporting a unit-specific problem or checking the available remedy.
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What warranties and deadlines apply?
There is no single warranty period for all new-build apartments. The applicable scheme, start date, coverage, claim procedure and filing deadline depend on jurisdiction and documents; the examples below must not be combined into a universal rule.
| Jurisdiction and source | Period described in the guidance | Important qualification |
|---|---|---|
| United Kingdom — GOV.UK | Most new-build homes have a 10-year warranty for major structural problems and a 2-year warranty for general defects. | Coverage may not extend to the whole property or attached land. Check the actual warranty for what is covered and how to claim. Source guidance. |
| New South Wales — NSW Government and Building Commission NSW | Six years for major defects and two years for other defects/cases, under the cited guidance. Building Commission NSW states these periods apply to contracts signed on or after 1 February 2012. | Check the applicable contract and scheme. A tribunal application may need to be lodged before the warranty period expires. NSW delay guidance and dispute guidance. |
| Victoria — Consumer Affairs Victoria | Statutory building warranties may apply for up to 10 years. | The cited period runs after an occupancy permit or certificate of final inspection. Contact the builder and consider dispute resolution if the issue is not resolved. Source guidance. |
These are summaries of the named public guidance, not a determination that a particular defect is covered or that a claim is still in time. The period may differ by contract date, type of defect, statutory scheme and trigger date. Read the policy and local rules, and ask the relevant regulator or a lawyer to confirm your deadline.
In NSW, Building Commission guidance cautions that a tribunal application may need to be made before the applicable warranty period expires. Contact the regulator early if a repair dispute is not progressing; do not wait for the warranty end date to approach before finding out which forum and filing rules apply. NSW information about how the commission handles building-defect complaints explains the state regulator’s complaint role.
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Escalate with a concise evidence file and a clear statement of the outcome you are seeking. The correct regulator or dispute body depends on your location, the type of building and the stage of the dispute.
- Send a final written summary to the developer. List each unresolved issue, the date reported, the evidence attached, the response so far and the remedy requested. Give a reasonable response date where appropriate, without suggesting a deadline that overrides your contract or local law.
- Check the regulator’s role. A building regulator may investigate, assist with dispute resolution or enforce construction requirements, but may not decide every contract or compensation claim. Ask what the regulator can do and what documents it needs.
- Use the correct dispute route. A tribunal, court, consumer service or warranty administrator may be responsible for a different part of the problem. Confirm jurisdiction, application requirements and time limits before filing.
- Get advice before settlement or termination decisions. Ask a local property/construction lawyer to review the contract, notice history, evidence and deadline. This is particularly important if you are considering withholding settlement funds, refusing completion or seeking to cancel the purchase.
- Keep the record current. Save new correspondence, inspection results, repair appointments, access arrangements and any revised program. Update the defect log after each visit or repair.
For NSW owners, the state offers dispute support through Building Commission NSW, while apartment-building oversight may also operate during construction before an occupation certificate. The NSW Government’s contracts guidance describes records that can be important, including variations, plans, specifications, payment proof and home-building compensation details. Use the channel that fits the issue rather than assuming one complaint process resolves every claim.
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What should you keep in your apartment-problem file?
A single organized file helps you explain the history consistently to the developer, regulator, surveyor or lawyer. Keep originals where available and back up digital copies.
- Signed contract, attachments, plans, specifications, finishes schedules and written variations.
- Written promises and correspondence about completion dates, amenities and substitutions.
- Notices about extensions, settlement or inspection access, with dates received.
- Photographs, videos, snagging reports and the dated defect log.
- Payment evidence, warranty or insurance papers, and claim forms or policy details.
- Emails and letters sent to the developer, proof of delivery and replies.
- Records of inspections, access appointments, proposed repairs and work completed.
- Receipts and a dated record of any costs associated with the delay, while recognizing that records alone do not establish entitlement to reimbursement.
Label files by date and issue, and make a short chronology: contract signed, agreed completion date, extensions, inspection, handover, reports and responses. NSW contracts guidance lists many of these documents as potentially useful in a dispute; the precise evidence required elsewhere may differ.
Frequently Asked Questions
Can I refuse to settle on a new-build apartment because defects remain?
Do not assume that a defect automatically lets you refuse or postpone settlement. The contract, local law, the nature of the problem and any required notice process matter; get jurisdiction-specific legal advice before missing a settlement date.
Does a NSW occupation certificate mean the apartment has no defects?
No. NSW’s apartment-building compliance regime concerns construction-stage oversight and serious defects, but an occupation certificate is not a finding that every apartment or shared area is defect-free. Continue to document and report problems through the appropriate individual and building-level channels.
What if a promised apartment amenity only appeared in a brochure or sales display?
Keep a copy of the brochure, display material and any related messages, then compare them with the signed contract and variations. Whether the representation affects your rights depends on the evidence and local law, so ask a local adviser rather than treating it as automatically binding or irrelevant.
Who should I contact about a defect in a shared apartment building area?
Report the location and evidence to the developer and the relevant building or owners’ representative, and keep a written record. Responsibility can depend on the building documents, the cause of the defect, warranty coverage, maintenance and local law; seek advice if the responsible party is disputed.
