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Who is legally responsible for warranting the waterproofing for the next 10 years — the builder, or the subcontractors engaged by the builder?
In Western Australia, a separate waterproofing licence is not mandatory solely for carrying out waterproofing works; however, a builder’s licence is legally required for the overall building works and for accepting contractual responsibility for the waterproofing installation.
In the event of a waterproofing failure, the first question raised in any dispute is: “Was the waterproofing installed in accordance with AS3740 or AS4654?”
If any water-leaking issue or defect arises in the future, an Australian Standard compliance certificate will be requested before any warranty is considered or applied.
This is because the installation method must comply with the relevant Australian Standards, which are clearly mandatory under the NCC when the Deemed-to-Satisfy pathway is used.
In addition, most waterproofing membrane manufacturers’ warranties are only valid when the products are installed strictly in accordance with the manufacturer’s specifications and the applicable Australian Standards.
Failure to provide evidence of compliant installation may result in both statutory warranty and manufacturer warranty being denied.