New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 71

71 Meaning of “structural defect”

(1) For the purposes of section 103B (2) of the Act, "structural defect" means any defect in a structural element of a building that is attributable to defective design, defective or faulty workmanship or defective materials (or any combination of these) and that:

(a) results in, or is likely to result in, the building or any part of the building being required by or under any law to be closed or prohibited from being used, or

(b) prevents, or is likely to prevent, the continued practical use of the building or any part of the building, or

(c) results in, or is likely to result in:

(i) the destruction of the building or any part of the building, or

(ii) physical damage to the building or any part of the building, or

(d) results in, or is likely to result in, a threat of imminent collapse that may reasonably be considered to cause destruction of the building or physical damage to the building or any part of the building.

(2) In subclause (1):
"structural element of a building" means:

(a) any internal or external load-bearing component of the building that is essential to the stability of the building or any part of it, including things such as foundations, floors, walls, roofs, columns and beams, and

(b) any component (including weatherproofing) that forms part of the external walls or roof of the building.