Building defects are a central issue in construction law and property litigation.
From faulty fire doors to defective sprinklers, hydrant, or detection systems, these failures can result in regulatory enforcement orders, costly litigation, and life-threatening risks.
It doesn’t need to take a fire to identify fire safety defects. Defects in buildings can be uncovered in many different ways including building inspections and change-of-use applications.
Fire resistant doorsets are part of a building’s passive fire protection. These fire doors are generally kept closed but they can be held open with electromagnetic devices that release the door and allow it to shut automatically when a smoke detector, fire alarm or sprinkler system activates.
An example of a fire door defect is the installation of non-approved accessories and hardware, like locks or peepholes, which can compromise the performance of the door in a fire.
Determining when a defect occurred or originated is crucial for establishing responsibility and liability. When a defects notice or fire safety order is issued, prompt action is essential and professional advice should be sought.
Across Australia, failures in fire safety systems have led to significant legal and financial consequences for building professionals, owners and occupiers.
Owners are increasingly seeking compensation for construction defects that expose them to regulatory enforcement, insurance exclusions, or rectification liabilities.
Owners and occupiers must be aware of the fire safety strategy for their building, including the installed fire protection measures and what their responsibilities are in regard to maintenance. Being proactive is key to reducing both fire risk and liability.
Related online course: Building Defects – Fire Safety
