Yes. Waterproofing work in NSW may be protected by statutory warranties, an installer’s workmanship warranty, a manufacturer’s product warranty, or a combination of these. Each has different coverage, conditions and warranty periods. These protections also differ from the warranty or guarantee that may apply to related plumbing work.
Which warranties may apply?
- NSW statutory warranties: Statutory warranties apply to residential building work covered by the Home Building Act 1989. Current NSW Government guidance states that the warranty period is six years for a major defect and two years for all other defects, starting when the work is completed. A waterproofing failure is not automatically a major defect; it must satisfy the Act’s definition.
- Installer workmanship warranty: The installer may provide contractual cover for defects caused by their workmanship. The duration and conditions vary. This warranty does not replace any statutory rights that apply.
- Manufacturer product warranty: The manufacturer may cover defects in a membrane or specified waterproofing system. Product warranties commonly have conditions and may not cover installation errors, labour, tiles, consequential damage or complete rectification costs.
Contractual warranties are additional to applicable rights under NSW law and the Australian Consumer Law. Their terms cannot exclude statutory or consumer rights that apply.
What determines coverage?
Coverage depends on the cause of failure and the relevant waterproofing warranty terms and conditions, not only the advertised warranty period.
A product warranty may require the complete specified system to have been used, including compatible primers, membranes and accessories. Coverage may also depend on substrate preparation, installation, curing and compliance with the manufacturer’s written instructions. The applicable waterproofing standards and certification can help establish what evidence should exist.
Common exclusions include building movement, impact damage, later renovations, new penetrations, alterations by another trade, incompatible materials and installation outside the approved system. Whether an exclusion is effective depends on the warranty and any statutory rights.
Establishing whether the problem is a product defect, workmanship defect or another building defect requires review of the contract, warranty documents and evidence. Visible signs that shower waterproofing has failed still need professional investigation to confirm the source and cause. Do not assume a particular waterproofing defect is covered.
What documents should you keep?
Keep records showing who completed the work, which system was installed and when it was completed:
- signed contract, quotation and scope of work
- invoices, receipts and proof of payment
- contractor details and licence information
- workmanship and product warranty documents
- any compliance documents supplied
- product names, batch numbers and technical documents, where available
- dated photographs taken during the work
- correspondence, inspection reports and written notices about the issue.
Notify the original contractor or warranty provider promptly after discovering a possible defect. Notice requirements and statutory time limits may apply, so obtain legal or building advice if a deadline or disputed claim is involved.
If water is appearing around a shower, contact our leaking shower team to rule out a plumbing source. A licensed waterproofing or building professional should assess the membrane, installation evidence and warranty position.