Young v Queensland Building Services Authority

The matter in Young v Queensland Building Services Authority was heard in the Queensland Civil and Administrative Tribunal. The dispute involved a complaint by Ms Young regarding alleged defective building work in her unit, and the Tribunal was tasked with reviewing the decision of the Queensland Building Services Authority (QBSA) not to direct the builder to rectify the work. The primary issue before the Tribunal was whether the falls in the showers and bathrooms constituted category 1 defects, which would warrant a direction for rectification under the Building Act 1975. Additionally, the Tribunal had to consider whether Ms Young provided sufficient explanation for the delay in lodging her complaint and whether the QBSA exercised its discretion appropriately in deciding not to issue a direction to rectify.

The Tribunal examined the evidence provided by Mr Cameron, a QBSA building inspector, who testified that the showers in Ms Young’s unit were enclosed and therefore only required compliance with the fall to floor levels within the shower cubicle. Mr Cameron argued that the fall to floor levels in both bathrooms were compliant and that any ponding of water in the ensuite could be attributed to the flow rate from the shower head. The Tribunal also noted that while there was some water ponding observed in the ensuite, it did not meet the criteria for excessive water flow over the sills and into the doorway as stated by Mr Surman. Ultimately, the Tribunal found that the evidence did not support the existence of category 1 defects and upheld the QBSA’s decision not to issue a direction to rectify.

The Tribunal concluded that the evidence did not establish that the falls in the showers and bathrooms constituted category 1 defects. The Tribunal found that Mr Cameron’s inspection and report, which included photographs and measurements, adequately demonstrated that the building work complied with the relevant Building Codes of Australia. Furthermore, the Tribunal was satisfied that the delay in Ms Young lodging her complaint was sufficiently explained and did not prejudice the QBSA’s consideration of the matter. Therefore, the Tribunal confirmed the QBSA’s decision dated 28 November 2012 not to issue a direction to rectify the building work.