The Extra Six Months and Delayed HBCF Claims Up to Ten Years

Loss discovered near the end of the period

SIRA states that up to an additional six months may be available where the homeowner becomes aware of the loss during the final six months of the ordinary warranty period. The provision recognises that a loss emerging at the end of two or six years may require time to investigate and lodge.

Record the first symptom, first inspection and the date the owner reasonably understood that a building loss might exist. A later report date does not necessarily prove when the loss became apparent.

Delayed claims after active pursuit

SIRA also describes a delayed-claim pathway up to ten years after completion where the homeowner has been actively pursuing the builder through Building Commission NSW dispute resolution, NCAT or a court. This is designed for an owner who sought a remedy while the builder was available but encountered a later HBCF trigger.

It is not a blanket ten-year defect warranty. The owner must demonstrate the required active pursuit and compliance with notification requirements. Casual complaints, intermittent emails or a private negotiation may not be equivalent to the specified processes.

Notification is the common protection

The safest approach is written notification to icare HBCF within the ordinary warranty period, even while the builder is trading and the owner is trying to obtain rectification. Keep the reference number, attachments and acknowledgements.

Continue updating the notification with complaint records, orders, reports and changes to the builder's status. If insolvency occurs years later, the insurer can see a continuous history rather than a claim appearing for the first time after expiry.

Evidence needs a chronology

Prepare a timeline covering completion, first symptoms, notice to the builder, Building Commission complaint, inspections, work orders, NCAT or court steps, attempted rectification, trigger event and formal claim. Attach the documents that prove each stage.

Because these provisions are technical, obtain legal or insurance advice where the ordinary period is close to expiry or has passed. Do not rely on an informal statement that ten years is always available.

Practical takeaway: The additional pathways reward timely discovery, notification and active pursuit. They do not cure years of inaction or missing evidence.

How ARK Houses can help

ARK Houses can investigate and document a suspected defect while the ordinary period is still open and update the insurer as the technical position develops. We do not treat the additional six months or delayed-claim pathway as a substitute for prompt written notification.

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