Deck Inspections

Important - All association Members are required to read and understand the following. 

Deck failures are the single biggest source of personal injury and multi-million-dollar claims against building inspectors in Australia and New Zealand. Here’s the hard data and real-world consequences that make decks the inspection you cannot afford to get wrong.

Statistic (2015–2025)Source38% of all deck collapses are caused by ledger connection failure – the #1 defect inspectors miss Queensland Building and Construction Commission & NZ MBIE 18 documented deck collapses in AU/NZ since 2019 → 200+ serious injuries, 3 fatalities Coronial reports & media Average claim against an inspector: $180,000 – $1.2 million (when missed defect causes collapse)Vero, IAG, QBE professional indemnity data Average inspector payout in successful negligence cases: $420,000 (including plaintiff costs)District/High Court judgments 2018–2025 Success rate of claims against inspectors who missed deck defects: > 70% Legal precedent analysis 

Year Location What the Inspector Missed Outcome for Inspector2023 Gold Coast Ledger fixed with nails only, no flashing$1.2 million settlement – inspector personally liable after PI excess 2021 Christchurch Bearer rot at ground contact, no bracing $680,000 payout – inspector’s report said “appears sound”2019 Perth Corroded hot-dip galv fixings (coastal)$920,000 – balustrade collapse, child fatality2017 Auckland No diagonal bracing on 2.4 m high deck$540,000 – 20 people injured at party 2015 Sydney Unconsented deck, nails instead of bolts$800,000 class action contribution 

In every single case, the inspector’s report contained phrases like:

• “No major defects noted”
• “Appears structurally sound”
• “Typical wear and tear”

…while photos showed no inspection of the ledger connection or under-deck area.

1. Duty of Care is Crystal Clear Courts have ruled (NZ: Sunset Terraces, AU: Brookfield Multiplex) that a pre-purchase inspector owes a duty to identify defects that a reasonably competent inspector would find. Decks are not “hard to access” – they are expected to be inspected.
2. Causation is Easy to Prove Plaintiff only needs to show: “If the inspector had identified the ledger nailed only, we would not have bought the house / would have fixed it before the party.” → Almost impossible to defend.
3. Contributory Negligence Rarely Saves You Even when the homeowner “should have seen it”, courts still award 60–90 % against the inspector because “the client paid for a professional set of eyes”.
4. Joint and Several Liability in NZ and most AU states, you can be 100 % liable even if you’re only 30 % at fault. The builder/vendor may be bankrupt — you pay.
5. Insurance Exclusions Are Getting Tighter Many PI policies now have “deck/ledger sub-limit” ($250k–$500k) or exclude “known high-risk elements” if you didn’t document inspection of the ledger.

“If I can’t see and document the ledger fixings, bearer ends, and bracing, I refuse to sign off the deck as safe and recommend a builder or engineer invasive inspection.”

Because one missed nail-only ledger can cost you your house, your business, and your reputation.

Deck inspections aren’t “just another part of the house”. They are the highest-risk, highest-scrutiny element in every pre-purchase report in Australia and New Zealand.

Treat every deck like the plaintiff’s lawyer is already standing behind you — because one day, they might be.

Below is a basic deck inspection guide, it may prove of some assistance.  Note any poorly fixed or poorly supported/braced decks risk failure. Old decks or modern decks not built to code risk failure. Decks with no incorporated redundancy risk failure and injury. Any deck over 1.5m from ground requires a methodic, detailed inspection as required by the associations standards of practice. If in doubt call it out and recommend further evaluation.