Domestic Building Contracts Act 1995 (Vic)
Version No. 093
Domestic Building Contracts Act 1995
No. 91 of 1995
Version incorporating amendments as at
1 July 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Objects of the Act
5Building work to which this Act applies
6Building work to which this Act does not apply
7This Act binds the Crown
Part 2—Provisions that apply to all domestic building contracts
Division 1—General warranties
8Implied warranties concerning all domestic building work
9Warranties to run with the building
10Person cannot sign away a right to take advantage of a warranty
Division 2—Restrictions applying to the nature and contents of contracts
11Limit on amount of deposit
12Contract for more than one sort of work must identify the domestic building work
13Restrictions on cost plus contracts
13AEffect of GST clauses on certain contracts
14Arbitration clauses prohibited
15Restrictions concerning cost escalation clauses
16Builder must not seek more than the contract price
Division 3—Provisions concerning building sites
17Restrictions on builders' control of building sites
18Contract does not entitle builder to put caveat on the title of building site land
19Access to building site
Division 4—Provisions concerning prime cost items or provisional sums
20Warranty concerning provisional sums
21Requirements concerning prime cost item and provisional sum estimates
22Details of prime cost items and provisional sums must be set out in writing
23Builder must supply evidence of cost of prime cost items and provisional sums
Division 5—Other matters
24Builder may exclude certain items from contract price
25Builder must give copy of contract to building owner
26Builder must supply copies of relevant reports etc.
27Effect of payments and non-payments to builders
28Fixtures and fittings are included in contract price
Part 3—Provisions that only apply to major domestic building contracts
Division 1—Provisions that apply before a contract is signed
29Person must not enter into contract unless registered
29AContract information statement
30Builder must obtain information concerning foundations
Division 2—What contracts must, and must not, contain
31General contents etc. of a contract
32Builder must make allowance for delays in time estimates
33Contract must contain warning if price likely to vary
Division 3—Cooling-off period after signing a contract
34Building owner may end a contract within 5 days without penalty
35Building owner may withdraw from a contract if cooling-off warning not given
Division 4—Provisions applying after the contract is signed
36Builder must give copy of other documents to building owner
37Variation of plans or specifications—by builder
38Variation of plans or specifications—by building owner
39Effect of a variation on the contract price
40Limits on progress payments
Division 5—End of the contract
41Ending a contract if completion time or cost blows out for unforeseeable reasons
42When work is to be considered to have been completed
Division 6—Other matters
43Requirements concerning display home contracts
Part 3A—Offences related to major domestic building contracts and domestic building insurance
43ADefinition
43BOffence for builder to demand or receive money under major domestic building contract without ensuring that work is covered by domestic building insurance
Part 4—Domestic building work disputes
Division 1—Preliminary
44What is a domestic building work dispute?
Division 2—Referral of domestic building work disputes
45Referral of domestic building work dispute to chief dispute resolution officer
45AInitial assessment of referral
45BPowers of conciliation officer in making assessment
45BAWithdrawal of referral
45CAcceptance or rejection of referral
45DWhere more than one matter referred
45ENotice of decision
45FCertificate of conciliation—dispute not suitable for conciliation
45GWithdrawal of referral or matter referred
Division 3—Conciliation of domestic building work disputes
46Referral of dispute to conciliation officer
46AAPowers of conciliation officer
46AHow may conciliation be conducted?
46BConciliation rules
46CStatements made during conciliation
46ECertificate of conciliation—dispute accepted for conciliation
46FRecord of agreement if dispute resolved by conciliation
46GNotice of failure to comply with conciliated agreement
46HNotice of non-compliance with conciliated agreement
Division 4—Requirement to stop domestic building work
47Application of Division
47ARequirement to stop domestic building work
47BExtension or cancellation of stop work notice
47CEffect of stop work notice
47DBuilder must comply with stop work notice
Division 5—Assessment of domestic building work
48Who may be appointed as an assessor?
48AFunctions of assessor
48BDirections to assessor
48CRequest to chief dispute resolution officer for assessor
48DAssessor may enter building site
48EPowers in relation to examination of work
48FPower to require production of documents
48GRefusal or failure to comply with requirement
48HProtection against self-incrimination
48IOffence to hinder or obstruct assessor
48JAssessor may conduct tests and obtain expert advice
48KCosts to be paid by non-participating party
48LAgreement of requesting party required for test or expert advice
48MRequesting party liable for costs
48NRecovery of costs
48OReporting the results of an examination
48PReport if building work not defective or incomplete
48QReport if building work defective or incomplete
48RReport of non-compliance with building legislation
48SEffect of complying with assessor's recommendations
48TAssessor's report admissible in evidence
Division 6—Dispute resolution orders
Subdivision 1—Issue of dispute resolution orders
49When can a dispute resolution order be issued?
49AMatters to be considered by chief dispute resolution officer before issuing dispute resolution order
49BWhat can a dispute resolution order require?
49CRequirements for the payment of money
49DDispute resolution order may include findings
49EEffect of complying with dispute resolution order
49FNotice to insurer
49GPayment out of Domestic Building Dispute Resolution Victoria Trust Fund
Subdivision 2—Amendment or cancellation of dispute resolution order
49HDecision by chief dispute resolution officer on own volition
49ICancellation of dispute resolution order on failure to comply with order
49JRequest to amend or cancel dispute resolution order
49KPowers of chief dispute resolution officer in considering amending or cancelling dispute resolution order
49LDecision of chief dispute resolution officer on request
49MMatters to be considered in deciding on request
49NAmendment or cancellation of other relevant dispute resolution orders
49ONotice of decision of chief dispute resolution officer
Subdivision 3—Compliance with a dispute resolution order
49PNotice of compliance with work under dispute resolution order
49QNotice of compliance with payment under dispute resolution order
49RNotice of failure to rectify or complete work
49SChief dispute resolution officer to direct assessor to examine work
49TChief dispute resolution officer may extend period for compliance
49UBreach of dispute resolution order notice
49VCancellation of breach of dispute resolution order notice
49WRight of building owner to end domestic building contract
49XRight of builder to end domestic building contract
Division 7—Powers of Authority in relation to domestic building work dispute proceedings
50Powers of Authority to institute and defend proceedings
50AProceedings and costs
Division 8—Domestic Building Dispute Resolution Victoria Trust Fund
51Establishment of Domestic Building Dispute Resolution Victoria Trust Fund
51AParties may agree to pay amounts into and out of Domestic Building Dispute Resolution Victoria Trust Fund
51BAuthority may pay amounts out of Domestic Building Dispute Resolution Victoria Trust Fund on the recommendation of the chief dispute resolution officer
Division 9—Domestic Building Dispute Resolution Victoria
52Domestic Building Dispute Resolution Victoria
52AComposition
52BFunctions of Domestic Building Dispute Resolution Victoria
52CAppointment of chief dispute resolution officer
52DFunctions of chief dispute resolution officer
52EAppointment of conciliation officers
52FDelegation
52IConfidentiality
Part 5—VCAT jurisdiction
Division 2—Proceedings before VCAT
Subdivision 1—Domestic building disputes
53Settlement of building disputes
54What is a domestic building dispute?
55Who can ask VCAT to resolve a domestic building dispute?
56Certificate of conciliation required to bring proceeding in VCAT to resolve domestic building work dispute
57VCAT to be chiefly responsible for resolving domestic building disputes
57ACertain actions not to proceed in a court without certificate of conciliation or leave
58VCAT may hear disputes while contract still in operation
59VCAT may hear dispute regardless of related criminal proceedings
Subdivision 2—Disputes involving insurance claims and insurers' decisions
59ADisputes concerning insurance claims
60VCAT may review and change an insurer's decision
61Who can ask VCAT to review an insurer's decision?
62VCAT may make decision if an insurer fails to make it in time
Subdivision 3—Matters relating to dispute resolution orders
63Application for review of decision to issue or amend dispute resolution order
64Effect of withdrawal of application for review
65Application for review of decision to pay money out of Domestic Building Dispute Resolution Victoria Trust Fund
66Application for review of decision to issue breach of dispute resolution order notice
67Application by building owner for order following ending of domestic building contract
67AApplication by builder for order following ending of domestic building contract
Subdivision 4—Miscellaneous matters
68Exemptions from owner-builder restrictions on sale
Part 6—General
122Publication of directions
123Additional functions of the Director
123ADirector may provide information to the Authority
124Domestic Builders Fund
124AApplication of provisions of Australian Consumer Law and Fair Trading Act 2012
125Infringement notice
127Further proceedings concerning infringement notices
128Continuing offences—default penalty
130Offences by partners
131Time limit for criminal proceedings
132Contracting out of this Act prohibited
133Effect of failure to comply with a requirement of this Act
134Supreme Court—limitation of jurisdiction
135Regulations
136Transitional provisions
137Transitional provisions—Building Legislation Amendment (Buyer Protections) Act 2025
138Transitional regulations
Schedules
Schedule 1—Transitional provisions
Schedule 1A—Building Legislation Amendment (Buyer Protections) Act 2025
Schedule 2—Offences for which infringement notices may be served
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 093
Domestic Building Contracts Act 1995
No. 91 of 1995
Version incorporating amendments as at
1 July 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The main purposes of this Act are—
(a)to regulate contracts for the carrying out of domestic building work; and
(b)to provide for the resolution of domestic building disputes and other matters by the Victorian Civil and Administrative Tribunal; and
(c)to require builders carrying out domestic building work to be covered by insurance in relation to that work.
* * * * *
2Commencement
(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.
(1A)Section 158 comes into operation on 1 May 1996
(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation on or before 1 January 1997, it comes into operation on that day.
3Definitions
(1)In this Act—
architect means a person who is registered as an architect under the Architects Act 1991;
assessor means an assessor appointed under section 48;
Authority means the Victorian Building Authority established under the Building Act 1993;
breach of dispute resolution order notice means a notice issued under section 49U;
builder means a person who, or a partnership which, carries out or intends to carry out domestic building work;
building includes any structure, temporary building or temporary structure and also includes any part of a building or structure;
building owner means the person for whom domestic building work is being, or is about to be, carried out;
building site means a place where domestic building work has been, is being, or is about to be, carried out;
business day means a day that is not—
(a)a Saturday or a Sunday; or
(b)a day that is wholly or partly observed as a public holiday throughout Victoria;
certificate of conciliation means a certificate of conciliation issued by the chief dispute resolution officer under section 45F or 46E;
chief dispute resolution officer means the chief dispute resolution officer appointed under Division 9 of Part 4;
* * * * *
conciliation includes a conciliation conference;
conciliation officer means—
(a)the chief dispute resolution officer; or
(b)a person appointed as a conciliation officer under Division 9 of Part 4;
contract price means the total amount payable under a domestic building contract and includes—
(a)the amount the builder is to receive and retain under the contract; and
(b)the amount the builder is to receive under the contract for payment to any other person; and
(c)the amount any third person is to receive (or it is reasonably estimated will receive) directly from the building owner in relation to the domestic building work to be carried out under the contract—
(i)for conveying to the building site or connecting or installing services such as gas, electricity, telephone, water and sewerage; or
(ii)for the issue of planning or building permits—
but does not include any amount that the builder excludes in accordance with section 24;
cost plus contract means a domestic building contract under which the amount the builder is to receive under the contract cannot be determined at the time the contract is made, even if prime cost items and provisional sums are ignored;
default penalty has the meaning set out in section 128;
defective, in relation to domestic building work, includes—
(a)a breach of any warranty listed in section 8;
(b)a failure to maintain a standard or quality of building work specified in the contract;
* * * * *
Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
dispute resolution order means a dispute resolution order issued under Division 6 of Part 4, or that order as amended under this Act;
Domestic Builders Fund means the Domestic Builders Fund established under section 124;
domestic building contract means a contract to carry out, or to arrange or manage the carrying out of, domestic building work other than a contract between a builder and a sub-contractor;
domestic building dispute has the meaning set out in section 54;
domestic building dispute account means the domestic building dispute account in the Building account within the meaning of the Building Act 1993;
Domestic Building Dispute Resolution Victoria Trust Fund means the trust fund established under section 51;
domestic building work means any work referred to in section 5 that is not excluded from the operation of this Act by section 6;
domestic building work dispute has the meaning set out in section 44;
home means any residential premises and includes any part of a commercial or industrial premises that is used as a residential premises but does not include—
(a)a caravan within the meaning of the Residential Tenancies Act 1997 or any vehicle used as a residence; or
(b)any residence that is not intended for permanent habitation; or
(c)a rooming house within the meaning of the Residential Tenancies Act 1997; or
(d)a motel, residential club, residential hotel or residential part of licensed premises under the Liquor Control Reform Act 1998; or
(e)a nursing home, hospital or accommodation associated with a hospital; or
(f)any residence that the regulations state is not a home for the purposes of this definition;
insurer means—
(a)any person providing any required insurance under the Building Act 1993 (whether or not that person has a direct contractual relationship with a builder); and
(aa)any person providing any required insurance under the Architects Act 1991 (whether or not that person has a direct contractual relationship with an architect);
* * * * *
major domestic building contract means a domestic building contract under which the amount of money that a builder will receive for the carrying out of domestic building work is more than the amount fixed by the regulations;
prime cost item means an item (for example, a fixture or fitting) that either has not been selected, or whose price is not known, at the time a domestic building contract is entered into and for the cost of supply and delivery of which the builder must make a reasonable allowance in the contract;
proceedingincludes any application for the review of a determination;
provisional sum is an estimate of the cost of carrying out particular work (including the cost of supplying any materials needed for the work) under a domestic building contract for which a builder, after making all reasonable inquiries, cannot give a definite amount at the time the contract is entered into;
sub-contractor means a person who enters into a contract with a builder to carry out part of the work that is to be carried out under a domestic building contract;
* * * * *
Victorian Managed Insurance Authority means the Victorian Managed Insurance Authority established under the Victorian Managed Insurance Authority Act 1996.
(2)If a builder and a building owner agree that domestic building work is to be carried out on a home in stages by the builder under a series of separate contracts that are to be entered into after the initial agreement, then for the purposes of this Act the initial agreement and the subsequent contracts are to be considered to be a single contract.
(3)If a provision of this Act requires or enables the giving of a document to a specified person, the provision is satisfied if the document is given to an authorised agent of that person.
(4)A contract for the sale of land on which a home is being constructed or is to be constructed that provides or contemplates that the construction of the home will be completed before the completion of the contract is not, and is not to be taken to form part of, a domestic building contract within the meaning of this Act if—
(a)the home is being constructed under a separate contract that is a major domestic building contract; or
(b)the contract of sale provides that the home is to be constructed under a separate contract that is a major domestic building contract.
(5)Subsection (4) does not apply to a contract for the sale of land that is the subject of proceedings commenced in a court or tribunal before 16 March 2004 but not completed before that date in which it was alleged, before that date, that the contract was, or formed part of, a domestic building contract.
4Objects of the Act
The objects of this Act are—
(a)to provide for the maintenance of proper standards in the carrying out of domestic building work in a way that is fair to both builders and building owners; and
(b)to enable disputes involving domestic building work to be resolved as quickly, as efficiently and as cheaply as is possible having regard to the needs of fairness; and
(c)to enable building owners to have access to insurance funds if domestic building work under a major domestic building contract is incomplete or defective.
5Building work to which this Act applies[1]
(1)This Act applies to the following work—
(a)the erection or construction of a home, including—
(i)any associated work including, but not limited to, landscaping, paving and the erection or construction of any building or fixture associated with the home (such as retaining structures, driveways, fencing, garages, carports, workshops, swimming pools or spas); and
(ii)the provision of lighting, heating, ventilation, air conditioning, water supply, sewerage or drainage to the home or the property on which the home is, or is to be;
(b)the renovation, alteration, extension, improvement or repair of a home;
(c)any work such as landscaping, paving or the erection or construction of retaining structures, driveways, fencing, garages, workshops, swimming pools or spas that is to be carried out in conjunction with the renovation, alteration, extension, improvement or repair of a home;
(d)the demolition or removal of a home;
(e)any work associated with the construction or erection of a building—
(i)on land that is zoned for residential purposes under a planning scheme under the Planning and Environment Act 1987; and
(ii)in respect of which a building permit is required under the Building Act 1993;
(f)any site work (including work required to gain access, or to remove impediments to access, to a site) related to work referred to in paragraphs (a) to (e);
(g)the preparation of plans or specifications for the carrying out of work referred to in paragraphs (a) to (f);
(ga)the managing or arranging of the carrying out of work referred to in paragraphs (a) to (g);
(h)any work that the regulations state is building work for the purposes of this Act.
(2)A reference to a home in subsection (1) includes a reference to any part of a home.
6Building work to which this Act does not apply
(1)This Act does not apply to the following work—
* * * * *
(b)any work in relation to a farm building or proposed farm building (other than a home);
(c)any work in relation to a building intended to be used only for business purposes;
(d)any work in relation to a building intended to be used only to accommodate animals;
(e)design work carried out by an architect or a building practitioner registered under the Building Act 1993 as a building designer or an endorsed building engineer within the meaning of the Professional Engineers Registration Act 2019[2];
(f)any work involved in obtaining foundations data in relation to a building site;
(g)the transporting of a building from one site to another.
(2)This Act or a provision of this Act does not apply to any work that the regulations state is not building work to which this Act or that provision (as the case requires) applies.
7This Act binds the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—PROVISIONS THAT APPLY TO ALL DOMESTIC BUILDING CONTRACTS
Division 1—General warranties[3]
8Implied warranties concerning all domestic building work
The following warranties about the work to be carried out under a domestic building contract are part of every domestic building contract—
(a)the builder warrants that the work will be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
(b)the builder warrants that all materials to be supplied by the builder for use in the work will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the contract, those materials will be new;
(c)the builder warrants that the work will be carried out in accordance with, and will comply with, all laws and legal requirements including, without limiting the generality of this warranty, the Building Act 1993 and the regulations made under that Act[4];
(d)the builder warrants that the work will be carried out with reasonable care and skill and will be completed by the date (or within the period) specified by the contract;
(e)the builder warrants that if the work consists of the erection or construction of a home, or is work intended to renovate, alter, extend, improve or repair a home to a stage suitable for occupation, the home will be suitable for occupation at the time the work is completed;
(f)if the contract states the particular purpose for which the work is required, or the result which the building owner wishes the work to achieve, so as to show that the building owner relies on the builder's skill and judgement, the builder warrants that the work and any material used in carrying out the work will be reasonably fit for that purpose or will be of such a nature and quality that they might reasonably be expected to achieve that result.
9Warranties to run with the building
In addition to the building owner who was a party to a domestic building contract, any person who is the owner for the time being of the building or land in respect of which the domestic building work was carried out under the contract may take proceedings for a breach of any of the warranties listed in section 8 as if that person was a party to the contract[5].
10Person cannot sign away a right to take advantage of a warranty
A provision of an agreement or instrument that purports to restrict or remove the right of a person to take proceedings for a breach of any of the warranties listed in section 8 is void to the extent that it applies to a breach other than a breach that was known, or ought reasonably to have been known, to the person to exist at the time the agreement or instrument was executed.
Division 2—Restrictions applying to the nature and contents of contracts
11Limit on amount of deposit
(1)A builder must not demand or receive a deposit under a domestic building contract of more than—
(a)5% of any contract price that is $20 000 or more;
(b)10% of any contract price that is less than $20 000—
before starting any work under the contract.
Penalty:100 penalty units.
(2)For the purposes of subsection (1), the Governor in Council may make regulations fixing a higher dollar amount than that referred to in subsection (1).
(3)If a builder does not comply with subsection (1), the building owner may avoid the contract at any time before it is completed.
(4)However, subsection (3) does not apply if VCAT believes it would be unfair in the particular circumstances of a case for a building owner to do this.
(5)If a court finds proven a charge under subsection (1) against a builder, it may order the builder to refund to the building owner some or all of the amount the building owner has paid the builder under the contract.
(6)This power is in addition to the power the court has to impose any other penalty.
12Contract for more than one sort of work must identify the domestic building work
(1)This section applies to a contract that entitles a builder to be paid both—
(a)for carrying out domestic building work; and
(b)for carrying out other work or for any other reason.
(2)The builder must not enter into such a contract unless the contract clearly identifies and distinguishes—
(a)the domestic building work from the other work or reason; and
(b)the amount of money the builder is to receive under the contract as a result of carrying out the domestic building work from the amount of money the builder is to receive under the contract as a result of carrying out the other work or for the other reason.
Penalty:20 penalty units.
13Restrictions on cost plus contracts
(1)A builder must not enter into a cost plus contract unless—
(a)the contract is of a class allowed by the regulations for the purposes of this section; or
(b)the work to be carried out under the contract involves the renovation, restoration or refurbishment of an existing building and it is not possible to calculate the cost of a substantial part of the work without carrying out some domestic building work.
Penalty:100 penalty units.
(2)A builder must not enter into a cost plus contract that does not contain a fair and reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract.
Penalty:100 penalty units.
(3)If a builder fails to comply with this section—
(a)the builder cannot enforce the contract against the building owner; but
(b)VCAT may award the builder the cost of carrying out the work plus a reasonable profit if VCAT considers that it would not be unfair to the building owner to do so.
13AEffect of GST clauses on certain contracts
(1)Section 13(1) does not apply, and is deemed never to have applied, to a cost plus contract—
(a)that was entered into on or before 8 November 1999; and
(b)that provides for the builder to be paid any amount in respect of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth); and
(c)that—
(i)does not contain any other provision that makes it a cost plus contract; or
(ii)is a contract referred to in section 13(1)(a) or (b).
(2)Section 13(2) does not apply, and is deemed never to have applied, to a cost plus contract referred to in subsection (1) to the extent that it relates to an estimate of the amount payable to the builder in respect of any GST (as defined in subsection (1)(b)).
(3)A cost plus contract—
(a)that was entered into after 8 November 1999 and before 30 November 1999; and
(b)that would have been allowed as a cost plus contract by the regulations for the purposes of section 13 if it had been entered into on or after 30 November 1999—
is deemed to be, and to have always been, a cost plus contract of a class allowed by the regulations for the purposes of section 13.
14Arbitration clauses prohibited
Any term in a domestic building contract or other agreement that requires a dispute under the contract to be referred to arbitration is void.
15Restrictions concerning cost escalation clauses
(1)In this section a cost escalation clause means a provision in a contract under which the contract price may be increased to reflect increased costs of labour or materials or increased costs caused by delays in carrying out the work to be carried out under the contract, but does not include a provision that enables the contract price to increase to reflect—
(a)unforeseeable cost increases resulting from changes to government taxes or charges[6]; or
(b)prime cost items or provisional sums.
(2)A builder must not enter into a domestic building contract that contains a cost escalation clause unless—
(a)the contract price is more than $500 000 (or any higher amount fixed by the regulations); or
(b)the clause is in a form approved by the Director and complies with any relevant requirements set out in the regulations.
Penalty:100 penalty units.
(3)A cost escalation clause in a domestic building contract is void unless—
(a)before the contract was entered into, the builder gave the building owner a notice in a form approved by the Director explaining the effect of the clause; and
(b)the building owner places her, his or its signature or seal or initials next to the clause.
16Builder must not seek more than the contract price
(1)A builder who enters into a domestic building contract must not demand, recover or retain from the building owner an amount of money under the contract in excess of the contract price unless authorised to do so by this Act.
Penalty:100 penalty units.
(2)Subsection (1) does not apply to any amount that is demanded, recovered or retained in respect of the contract as a result of a cause of action the builder may have that does not involve a claim made under the contract.
Division 3—Provisions concerning building sites
17Restrictions on builders' control of building sites
A domestic building contract does not give a builder a greater right to occupy a building site than that of a contractual licensee.
18Contract does not entitle builder to put caveat on the title of building site land
A domestic building contract does not give a builder an estate or interest in any land for the purposes of section 89 of the Transfer of Land Act 1958.
19Access to building site
(1)A builder must permit the building owner (or a person authorised by the building owner) to have reasonable access to the building site and to view any part of the building works.
Penalty:20 penalty units.
(2)A person who is exercising a right of access granted under subsection (1) must not interfere with the carrying out of the building works.
(3)A builder is not liable for any costs or delays—
(a)that result from any failure by a person to comply with subsection (2); and
(b)that the builder notifies the building owner of in writing within 5 business days of the failure to comply occurring.
Division 4—Provisions concerning prime cost items or provisional sums
20Warranty concerning provisional sums[7]
(1)This section applies if a builder enters into a domestic building contract.
(2)The builder warrants that any provisional sum included by the builder in the contract has been calculated with reasonable care and skill taking account of all the information reasonably available at the date the contract is made, including the nature and location of the building site.
21Requirements concerning prime cost item and provisional sum estimates
(1)A builder must not enter into a domestic building contract that contains an amount, or an estimated amount, for—
(a)a prime cost item that is less than the reasonable cost of supplying the item;
(b)a provisional sum that is less than the reasonable cost of carrying out the work to which the sum relates.
Penalty:35 penalty units.
(2)This section does not apply to items or sums that are to be supplied or specified by the building owner (or the building owner's agent).
(3)In determining what is a reasonable cost, regard must be had to—
(a)the information that the builder had, or reasonably should have had, at the date the contract was made; and
(b)the nature and location of the building site[8].
22Details of prime cost items and provisional sums must be set out in writing
If a domestic building contract provides for any prime cost items or provisional sums, the builder must not enter into the contract unless—
(a)in the case of a major domestic building contract, the contract contains a separate schedule for each item or sum that sets out—
(i)a detailed description of the item or of the work to which the sum relates; and
(ii)a breakdown of the cost estimate for each item or sum (showing at least the estimated quantities of materials that will be involved and the unit cost to the builder of the item or sum); and
(iii)if the builder proposes to charge any amount in excess of the actual amount of any increase to the item or sum, how that excess amount is to be determined;
(b)in the case of any other contract, the builder gives the building owner before entering into the contract a written document that sets out for each item or sum the information required by paragraphs (a)(i), (ii) and (iii).
Penalty:50 penalty units.
23Builder must supply evidence of cost of prime cost items and provisional sums
A builder must give the building owner a copy of any invoice, receipt or other document that shows the cost to the builder of any prime cost item, or that relates to any provisional sum, in a domestic building contract and must do so as soon as practicable after receiving the invoice, receipt or document.
Penalty:20 penalty units.
Division 5—Other matters
24Builder may exclude certain items from contract price
(1)This section applies if a builder wishes to exclude from the contract price the amount any third person is to receive in relation to the work to be carried out under a domestic building contract—
(a)for the conveying, connection or installation of services such as gas, electricity, telephone, water and sewerage; or
(b)for the issue of planning or building permits.
(2)The builder may exclude any such amount by stating in the contract immediately after the contract price first appears in the contract—
(a)that the cost of the work or thing to which the amount relates is not included in the contract price; and
(b)a reasonable estimate of how much the amount is likely to be.
25Builder must give copy of contract to building owner
As soon as is practicable, but no later than 5 clear business days, after entering into a domestic building contract, the builder must give the building owner—
(a)in the case of a major domestic building contract, a readily legible signed copy of the contract;
(b)in the case of any other contract, a readily legible copy of any document that forms part of the contract.
Penalty:20 penalty units.
Default penalty: 1 penalty unit for each day.
26Builder must supply copies of relevant reports etc.
(1)A builder must give to a building owner a copy of any report, notice, order or other document that the builder is given in relation to the building work being carried out by the builder for the building owner by any public statutory authority, provider of services such as gas, electricity, telephone, water and sewerage or person registered under the Building Act 1993, and must do so as soon as practicable after receiving the report, notice, order or document.
Penalty:20 penalty units.
(2)Subsection (1) does not apply if the builder knows that the building owner already has a copy of the report, notice, order or document.
27Effect of payments and non-payments to builders
(1)If a building owner fails to pay a builder any amount due to the builder under a domestic building contract by the date it is due, a domestic building dispute exists between the builder and the building owner.
(2)A building owner may still dispute any matter relating to work carried out under a domestic building contract even though the building owner has paid the builder in relation to the work.
28Fixtures and fittings are included in contract price
The cost of any fixture or fitting shown in the plans and specifications included in a domestic building contract is to be taken as having been included in the contract price unless—
(a)the contract states that the fixture or fitting is not included in the contract price; and
(b)the building owner places her, his or its signature or seal next to the statement.
PART 3—PROVISIONS THAT ONLY APPLY TO MAJOR DOMESTIC BUILDING CONTRACTS
Division 1—Provisions that apply before a contract is signed
29Person must not enter into contract unless registered
(1)A person must not enter into a major domestic building contract to carry out domestic building work for another person unless—
(a)the person is a registered building practitioner; and
(b)the person's registration authorises the person to carry out the work.
Penalty:500 penalty units, in the case of a natural person;
2500 penalty units, in the case of a body corporate.
(2)A person must not on behalf of a partnership enter into a major domestic building contract to carry out domestic building work for another person unless—
(a)the person is a member of the partnership; and
(b)the person is a registered building practitioner; and
(c)the person's registration authorises the person to carry out the work.
Penalty:500 penalty units, in the case of a natural person;
2500 penalty units, in the case of a body corporate.
(3)A person who enters into a major domestic building contract in contravention of this section is not entitled to consideration under the contract unless the amount claimed—
(a)is not more than the amount of the costs reasonably incurred by the person in supplying materials and labour for carrying out work under the contract; and
(b)does not include—
(i)an amount for the supply of the person's own labour; or
(ii)an amount of profit by the person for carrying out work under the contract; and
(c)is not more than the builder would have been entitled to recover for carrying out work under the contract; and
(d)does not include any amount paid by the person that is for the person's own direct or indirect benefit.
(4)A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1) or (2).
(5)In this section and section 31—
registered building practitioner has the same meaning as in section 3(1) of the Building Act 1993 but does not include a person who holds a provisional registration or who is a registered builder subcontractor within the meaning of that Act.
Note
See section 241A of the Building Act 1993 which provides that a failure to comply with this section may make a builder ineligible for registration under Part 11 of that Act for up to 3 years.
29AContract information statement
(1)A builder must not enter into a major domestic building contract unless the builder has first given the building owner a contract information statement in a form approved by the Director under this section.
Penalty:60 penalty units.
(2)The Director, after consulting with the Authority, must approve the form of a contract information statement for the purposes of this section.
30Builder must obtain information concerning foundations
(1)This section applies if proposed domestic building work under a major domestic building contract will require the construction or alteration of the footings of a building, or may adversely affect the footings of a building.
(2)Before entering into the contract, the builder must obtain foundations data in relation to the building site on which the work is to be carried out.
Penalty:50 penalty units.
(3)In this section foundations data means—
(a)the information concerning the building site that a builder exercising reasonable care and skill would need to prepare—
(i)a proper footings design for the site; and
(ii)an adequate estimate of the cost of constructing those footings; and
(b)any reports, surveys, test results, plans, specifications, computations or other information required by the regulations for the purposes of this section.
(4)In deciding whether he, she or it has obtained all the information required by subsection (2), a builder must have regard to—
(a)the relevant standards published by Standards Australia[9]; and
(b)the need for a drainage plan or engineer's drawings and computations; and
(c)the need for information on the fall of the land on the site.
(5)It is not necessary for a builder to commission the preparation of foundations data under this section to the extent that such data already exists and it is reasonable for the builder to rely on that data.
(6)A builder must give a copy of any foundations data obtained by the builder to the building owner (unless the building owner supplied the data to the builder) on payment by the building owner of the amount owing in relation to the obtaining of that data by the builder.
Penalty:10 penalty units.
(7)After entering into a major domestic building contract, a builder cannot seek from the building owner an amount of money not already provided for in the contract if the additional amount could reasonably have been ascertained had the builder obtained all the foundations data required by this section.
(8)Nothing in this section prevents a builder from exercising any right given by this Act to the builder to claim an amount of money not already provided for in the contract if the need for the additional amount could not reasonably have been ascertained from the foundations data required by this section.
Division 2—What contracts must, and must not, contain
31General contents etc. of a contract
(1)A builder must not enter into a major domestic building contract unless the contract—
(a)is in writing; and
(b)sets out in full all the terms of the contract; and
(c)has a detailed description of the work to be carried out under the contract; and
(d)includes the plans and specifications for the work and those plans and specifications contain enough information to enable the obtaining of a building permit; and
(e)states the names and addresses of the parties to the contract; and
(f)states the registration number under the Building Act 1993 of the registered building practitioner who entered into the contract; and
(fa)if a registered building practitioner has entered into the contract on behalf of a partnership, states—
(i)the names and addresses of each other member of the partnership; and
(ii)the registration number of each other member of the partnership who is a registered building practitioner; and
(fb)if the builder is a corporation or a foreign company, states the ACN or ARBN of
the corporation or foreign company
(as appropriate); and
(g)states the date when the work is to start, or how that date is to be determined; and
(h)if the starting date is not yet known, states that the builder will do everything that it is reasonably possible for the builder to do to ensure that the work will start as soon as possible; and
(i)states the date when the work will be finished, or, if the starting date is not yet known, the number of days that will be required to finish the work once it is started[10]; and
(j)states the contract price or, in the case of a cost plus contract, how the amount that the builder is to be paid is to be determined; and
(k)states the date the contract is made; and
(l)sets out details of the required insurance under the Building Act 1993 that applies to the work to be carried out under the contract (including any details required by the Director); and
(m)is in English and is readily legible; and
(n)has a conspicuous notice in a form approved by the Director advising the building owner of the right the building owner may have to withdraw from the contract under section 34 (the 5 day cooling-off period); and
(o)has a separate section that defines the key words and phrases used in the contract (for example, prime cost item and provisional sum); and
(p)indicates whenever a defined word or phrase is used that that word or phrase is defined in the definition section; and
(q)sets out the warranties implied into the contract by sections 8 and 20; and
(r)contains a checklist in a form approved, and containing the details required, by the Director; and
(s)complies with any other requirements set out in the regulations.
Penalty:50 penalty units.
(2)A major domestic building contract is of no effect unless it is signed by the builder and the building owner (or their authorised agents).
32Builder must make allowance for delays in time estimates
(1)In calculating the date when work will be finished (or how many days will be required once it is started) under section 31(1)(i), a builder must make the following allowances—
(a)an allowance for inclement weather and the effect of inclement weather that is reasonable having regard to the time of the year when the work is likely to be carried out; and
(b)a reasonable allowance for weekend days, public holidays, rostered days off and other foreseeable breaks in the continuity of the work; and
(c)an allowance for any other delays that is reasonable having regard to the nature of the contract.
Penalty:50 penalty units.
(2)A builder must ensure that the contract sets out how many days have been allowed under each category of allowance listed in subsection (1).
Penalty:50 penalty units.
(3)If it is not possible for a builder to adequately estimate the period of a particular likely delay for the purposes of subsection (1)(c), the builder may comply with that subsection with respect to that likely delay by identifying the likely cause of delay in the contract and stating in the contract that it is not possible to adequately estimate the period of the delay.
33Contract must contain warning if price likely to vary
(1)This section applies to a major domestic building contract that contains a provision—
(a)that allows for the contract price to change; but
(b)that is not a cost escalation clause as defined in section 15.
(2)A builder must not enter into such a major domestic building contract unless there is a warning that the contract price is subject to change and that warning—
(a)is placed next to that price; and
(b)is in a form approved by the Director; and
(c)specifies the provisions of the contract that allow for the change.
Penalty:50 penalty units.
(3)If a warning is not included in a contract as required by subsection (2), any provision in the contract that enables the contract price to change only has effect to the extent that it enables the contract price to decrease.
Division 3—Cooling-off period after signing a contract
34Building owner may end a contract within 5 days without penalty
(1)A building owner may withdraw from a major domestic building contract at any time before the expiration of 5 clear business days after the building owner receives a copy of the signed contract.
(2)To do this, the building owner must within that time—
(a)give the builder; or
(b)leave at the address shown as the builder's address in the contract; or
(c)serve on the builder in accordance with any notice or service provision in the contract—
a written notice signed by the building owner that states that the building owner withdraws from the contract.
(3)If a building owner withdraws from a contract under this section—
(a)the builder may retain out of any money already paid to the builder $100 plus the cost of any other out-of-pocket expenses the builder incurred before the withdrawal with the approval of the building owner; and
(b)the builder must refund all other money paid to him, her or it under the contract by (or on behalf of) the building owner on or since the time the contract was made; and
(c)the building owner is not liable to the builder in any way for withdrawing from the contract.
(4)A building owner cannot withdraw from a contract under this section if—
(a)the building owner and the builder have previously entered into a major domestic building contract that is in substantially the same terms for the carrying out of work in relation to the same home or land; or
(b)the building owner received independent advice from an Australian legal practitioner concerning the contract before entering into the contract.
35Building owner may withdraw from a contract if cooling-off warning not given
(1)If a major domestic building contract does not contain a notice advising the building owner of the building owner's possible rights under section 34 (as required by section 31(1)(n)), the building owner may withdraw from the contract within 7 days of becoming aware that the contract should have contained such a notice.
(2)To do this, the building owner must—
(a)give the builder; or
(b)leave at the address shown as the builder's address in the contract; or
(c)serve on the builder in accordance with any notice or service provision in the contract—
a written notice signed by the building owner that states that the building owner withdraws from the contract under this section.
(3)The Director may specify that the notice is to be given in a form approved by him or her[11]. If the Director does this, the building owner must give the notice in that form.
(4)If a contract is ended under this section, the builder is entitled to a reasonable price for the work carried out under the contract to the date the contract is ended.
(5)However, a builder may not recover under subsection (4) more than the builder would have been entitled to recover under the contract.
Division 4—Provisions applying after the contract is signed
36Builder must give copy of other documents to building owner
(1)The Minister may, by Order published in the Government Gazette, require builders to give anyone with whom they enter, or are about to enter, into a major domestic building contract a copy of any document relating to building work specified in the Order.
(2)A builder must comply with any such requirement within the time specified in the Order.
Penalty:20 penalty units.
Default penalty: 1 penalty unit for each day.
(3)Subsection (2) does not apply if the builder knows that the building owner already has a copy of the document.
37Variation of plans or specifications—by builder
(1)A builder who wishes to vary the plans or specifications set out in a major domestic building contract must give the building owner a notice that—
(a)describes the variation the builder wishes to make; and
(b)states why the builder wishes to make the variation; and
(c)states what effect the variation will have on the work as a whole being carried out under the contract and whether a variation to any permit will be required; and
(d)if the variation will result in any delays, states the builder's reasonable estimate as to how long those delays will be; and
(e)states the cost of the variation and the effect it will have on the contract price.
(2)A builder must not give effect to any variation unless—
(a)the building owner gives the builder a signed consent to the variation attached to a copy of the notice required by subsection (1); or
(b)the following circumstances apply—
(i)a building surveyor or other authorised person under the Building Act 1993 requires in a building notice or building order under that Act that the variation be made; and
(ii)the requirement arose as a result of circumstances beyond the builder's control; and
(iii)the builder included a copy of the building notice or building order in the notice required by subsection (1); and
(iv)the building owner does not advise the builder in writing within 5 business days of receiving the notice required by subsection (1) that the building owner wishes to dispute the building notice or building order.
(3)A builder is not entitled to recover any money in respect of a variation unless—
(a)the builder—
(i)has complied with this section; and
(ii)can establish that the variation is made necessary by circumstances that could not have been reasonably foreseen by the builder at the time the contract was entered into; or
(b)VCAT is satisfied—
(i)that there are exceptional circumstances or that the builder would suffer a significant or exceptional hardship by the operation of paragraph (a); and
(ii)that it would not be unfair to the building owner for the builder to recover the money.
(4)If subsection (3) applies, the builder is entitled to recover the cost of carrying out the variation plus a reasonable profit.
(5)This section does not apply to contractual terms dealing with prime cost items or provisional sums.
38Variation of plans or specifications—by building owner
(1)A building owner who wishes to vary the plans or specifications set out in a major domestic building contract must give the builder a notice outlining the variation the building owner wishes to make.
(2)If the builder reasonably believes the variation will not require a variation to any permit and will not cause any delay and will not add more than 2% to the original contract price stated in the contract, the builder may carry out the variation.
(3)In any other case, the builder must give the building owner either—
(a)a notice that—
(i)states what effect the variation will have on the work as a whole being carried out under the contract and whether a variation to any permit will be required; and
(ii)if the variation will result in any delays, states the builder's reasonable estimate as to how long those delays will be; and
(iii)states the cost of the variation and the effect it will have on the contract price; or
(b)a notice that states that the builder refuses, or is unable, to carry out the variation and that states the reason for the refusal or inability.
(4)The builder must comply with subsection (3) within a reasonable time of receiving a notice under subsection (1).
(5)A builder must not give effect to any variation asked for by a building owner unless—
(a)the building owner gives the builder a signed request for the variation attached to a copy of the notice required by subsection (3)(a); or
(b)subsection (2) applies.
(6)A builder is not entitled to recover any money in respect of a variation asked for by a building owner unless—
(a)the builder has complied with this section; or
(b)VCAT is satisfied—
(i)that there are exceptional circumstances or that the builder would suffer a significant or exceptional hardship by the operation of paragraph (a); and
(ii)that it would not be unfair to the building owner for the builder to recover the money.
(7)If subsection (6) applies, the builder is entitled to recover the cost of carrying out the variation plus a reasonable profit.
(8)This section does not apply to contractual terms dealing with prime cost items or provisional sums.
39Effect of a variation on the contract price
Unless the contrary intention appears, if the plans or specifications set out in a major domestic building contract are varied in accordance with section 37 or 38, any reference in this Act, the regulations or the contract to—
(a)those plans or specifications is to be read as a reference to them as varied; and
(b)the contract price is to be read as a reference to the contract price as adjusted to take account of the variation; and
(c)the completion date, or the number of days required to finish the work, is to be read as a reference to that date, or number of days, as adjusted to take account of the variation.
40Limits on progress payments
(1)In this section—
base stage means—
(a)in the case of a home with a timber floor, the stage when the concrete footings for the floor are poured and the base brickwork is built to floor level;
(b)in the case of a home with a timber floor with no base brickwork, the stage when the stumps, piers or columns are completed;
(c)in the case of a home with a suspended concrete slab floor, the stage when the concrete footings are poured;
(d)in the case of a home with a concrete floor, the stage when the floor is completed;
(e)in the case of a home for which the exterior walls and roof are constructed before the floor is constructed, the stage when the concrete footings are poured;
frame stage means the stage when a home's frame is completed and approved by a building surveyor;
lock-up stage means the stage when a home's external wall cladding and roof covering is fixed, the flooring is laid and external doors and external windows are fixed (even if those doors or windows are only temporary);
fixing stage means the stage when all internal cladding, architraves, skirting, doors, built-in shelves, baths, basins, troughs, sinks, cabinets and cupboards of a home are fitted and fixed in position.
(2)A builder must not demand or recover or retain under a major domestic building contract of a type listed in column 1 of the Table more than the percentage of the contract price listed in column 2 at the completion of a stage referred to in column 3.
Penalty:50 penalty units.
TABLE
Column 1 Column 2 Column 3
Type of contractPercentage
of contract price
StageContract to build to lock-up stage 20% Base stage " 25% Frame stage Contract to build to fixing stage 12% Base stage " 18% Frame stage " 40% Lock-up stage
Contract to build all stages 10% Base stage " 15% Frame stage " 35% Lock-up stage " 25% Fixing stage (3)In the case of a major domestic building contract that is not listed in the Table, a builder must not demand or receive any amount or instalment that is not directly related to the progress of the building work being carried out under the contract.
Penalty:50 penalty units.
(4)Subsections (2) and (3) do not apply if the parties to a contract agree that it is not to apply and do so in the manner set out in the regulations.
(5)If a court finds proven a charge under subsection (2) or (3) against a builder, it may order the builder to refund to the building owner some or all of the amount the building owner has paid the builder under the contract.
(6)This power is in addition to the power the court has to impose any other penalty.
(7)Despite section 7, this section does not apply to a contract between a builder and the Crown or a public statutory authority.
Division 5—End of the contract
41Ending a contract if completion time or cost blows out for unforeseeable reasons
(1)A building owner may end a major domestic building contract if—
(a)either—
(i)the contract price rises by 15% or more after the contract was entered into; or
(ii)the contract has not been completed within 1½ times the period it was to have been completed by; and
(b)the reason for the increased time or cost was something that could not have been reasonably foreseen by the builder on the date the contract was made.
(2)For the purposes of subsection (1), any increased time or cost that arises as a result of a prime cost item or a provisional sum or that is caused by a variation made under section 38 is to be ignored in calculating any price rise or increase in time.
(3)To end the contract, the building owner must give the builder a signed notice stating that the building owner is ending the contract under this section and giving details of why the contract is being ended.
(4)The Director may specify that the notice is to be given in a form approved by him or her[12]. If the Director does this, the building owner must give the notice in that form.
(5)If a contract is ended under this section, the builder is entitled to a reasonable price for the work carried out under the contract to the date the contract is ended.
(6)However, a builder may not recover under subsection (5) more than the builder would have been entitled to recover under the contract.
(7)Section 39 does not apply to this section.
42When work is to be considered to have been completed
A builder must not demand final payment under a major domestic building contract until—
(a)the work carried out under the contract has been completed in accordance with the plans and specifications set out in the contract; and
(b)the building owner is given either—
(i)a copy of the occupancy permit under the Building Act 1993, if the building permit for the work carried out under the contract requires the issue of an occupancy permit; or
(ii)in any other case, a copy of the certificate of final inspection.
Division 6—Other matters
43Requirements concerning display home contracts
(1)In this section display home means a home that is made available for inspection to encourage people to enter into contracts for the construction of similar homes.
(2)A person who makes a display home available for inspection must ensure that the following documents are prominently displayed in the display home—
(a)a copy of the plans and specifications used for its construction; and
(b)a draft copy of the major domestic building contract that the builder on whose behalf the display home is displayed would be prepared to enter to construct a similar home.
Penalty:50 penalty units.
Default penalty: 1 penalty unit for each day.
(3)If—
(a)a display home is made available for inspection by or on behalf of a builder; and
(b)a building owner enters into a contract with the builder for the construction of a similar home—
the builder must construct the home using the same plans and specifications and to at least the same standards of work quality and quality of materials as were used for the construction of the display home.
Penalty:50 penalty units.
(4)However, subsection (3) does not apply to the extent that the contract specifically identifies how the construction of the home will differ from that of the display home.
(5)This section applies to any building suitable for use as a home, regardless of whether it is being used as a home at the time it is displayed.
PART 3A—OFFENCES RELATED TO MAJOR DOMESTIC BUILDING CONTRACTS AND DOMESTIC BUILDING INSURANCE
43ADefinition
In this Part—
domestic building insurance, that covers domestic building work, means insurance that—
(a)relates to the carrying out of the domestic building work; and
(b)a builder is required, by an order under section 135 of the Building Act 1993, to be covered by within the meaning of section 135(6) of that Act; and
(c)complies with section 137AA of that Act.
43BOffence for builder to demand or receive money under major domestic building contract without ensuring that work is covered by domestic building insurance
(1)A builder who has entered into a major domestic building contract for the carrying out of domestic building work for which the builder is required to be covered by insurance by an order under section 135 of the Building Act 1993 must not demand or receive money from the building owner under the contract, or from a person acting on behalf of the building owner, if the builder—
(a)knows that the builder has not ensured that the domestic building work is covered by domestic building insurance; or
(b)is reckless as to whether the builder has ensured that the domestic building work is covered by domestic building insurance.
Penalty:500 penalty units, in the case of a natural person;
2500 penalty units, in the case of a body corporate.
(2)A builder who has entered into a major domestic building contract for the carrying out of domestic building work for which the builder is required to be covered by insurance by an order under section 135 of the Building Act 1993 must not demand or receive money from the building owner under the contract, or from a person acting on behalf of the building owner, if the builder has not ensured that the domestic building work is covered by domestic building insurance.
Penalty:240 penalty units, in the case of a natural person;
1200 penalty units, in the case of a body corporate.
PART 4—DOMESTIC BUILDING WORK DISPUTES
Division 1—Preliminary
44What is a domestic building work dispute?
(1)In this Part, a domestic building work dispute is a domestic building dispute arising between a building owner and—
(a)a builder; or
(b)a building practitioner (as defined in the Building Act 1993); or
(ba)an engineer engaged in the building industry; or
(c)a sub-contractor; or
(d)an architect—
in relation to a domestic building work matter.
(2)In this Part, domestic building work matter means any matter relating to a domestic building contract or the carrying out of domestic building work, including any of the following—
(a)an alleged breach of a warranty set out in section 8;
(b)an alleged failure to maintain the standard or quality of building work specified in a domestic building contract;
(c)an alleged failure to complete the domestic building work required by a domestic building contract;
(d)an alleged failure to complete the domestic building work required by a domestic building contract within the times specified in the contract;
(e)an alleged failure to pay money for domestic building work performed under the contract.
(3)A reference to a building owner in this section includes a reference to any person who is the owner for the time being of the building or land in respect of which a domestic building contract was made or domestic building work was carried out.
Division 2—Referral of domestic building work disputes
45Referral of domestic building work dispute to chief dispute resolution officer
(1)A party to a domestic building work dispute (the referring party) may refer the dispute to the chief dispute resolution officer.
(2)A referral of a domestic building work dispute must—
(a)be in writing in a form (if any) approved by the chief dispute resolution officer; and
(b)be signed by the referring party or the referring party's representative; and
(c)identify any other party to the dispute and that party's contact details; and
(d)identify the relevant domestic building contract; and
(e)specify the particulars of the dispute.
(3)A domestic building work dispute must be referred to the chief dispute resolution officer within—
(a)10 years after the date of issue under the Building Act 1993 of the occupancy permit in relation to the domestic building work (whether or not the occupancy permit is subsequently cancelled or varied); or
(b)if an occupancy permit is not issued, 10 years after the date of issue under Part 4 of the Building Act 1993 of the certificate of final inspection for the domestic building work; or
(c)if neither an occupancy permit nor a certificate of final inspection is issued or required in relation to the domestic building work, 10 years after the date of practical completion of the domestic building work; or
(d)if neither an occupancy permit nor a certificate of final inspection is issued or required in relation to the domestic building work and a date of practical completion cannot be ascertained, 10 years after the domestic building contract was entered into.
(4)It is to be presumed (unless an earlier date of practical completion can be ascertained) that the date of practical completion of domestic building work was the earlier of the following dates that can be ascertained for the work—
(a)the date on which the builder handed over possession of the work to the building owner;
(b)the date on which the builder last attended the building site to carry out work (other than work to remedy any defect that does not affect practical completion).
(5)A party may not refer a domestic building work dispute under this section if proceedings in relation to the matter in dispute have commenced in VCAT or in a court.
(6)In this section—
date of practical completion, in relation to domestic building work, means the date when the domestic building work is completed except for any omissions or defects that do not prevent the domestic building work from being reasonably capable of being used for its intended purpose.
45AInitial assessment of referral
On a referral being made under section 45, a conciliation officer nominated by the chief dispute resolution officer must make an initial assessment to determine whether—
(a)the dispute referred is a domestic building work dispute; and
(b)the referral was made within the required time; and
(c)at least one of the parties to the dispute appears willing to participate in conciliation in good faith; and
(d)proceedings in relation to the matter in dispute have commenced in VCAT or in a court.
45BPowers of conciliation officer in making assessment
(1)For the purpose of making an initial assessment of a referral, a conciliation officer may—
(a)make any inquiries or obtain any information the conciliation officer considers necessary; and
(b)ask the referring party to provide further information or documents relating to the dispute; and
(c)require the referring party to provide evidence that the referring party has taken reasonable steps to resolve the dispute with the other parties to the dispute.
(2)A conciliation officer may fix a time for compliance with a request or requirement under subsection (1) and may extend that time at the request of the referring party.
(3)A conciliation officer may ask any other party to the domestic building work dispute to participate in a conciliation of the dispute if the conciliation officer considers it appropriate to do so.
45BAWithdrawal of referral
(1)A referring party may withdraw a referral under section 45 by giving written notice to the chief dispute resolution officer at any time before the chief dispute resolution officer accepts or rejects the referral under section 45C(2).
(2)The chief dispute resolution officer must give written notice to any party to a referred dispute of a withdrawal under this section.
45CAcceptance or rejection of referral
* * * * *
(2)The chief dispute resolution officer may—
(a)accept the referral; or
(b)reject the referral if the chief dispute resolution officer assesses that the dispute is not suitable for conciliation.
(3)The chief dispute resolution officer may assess a referred dispute as not suitable for conciliation if—
* * * * *
(c)the referring party has not provided any information, documents or evidence requested or required under section 45B or has not provided them within the time required by the conciliation officer; or
(d)the referring party has failed without reasonable excuse to take reasonable steps to resolve the dispute before the referral; or
(e)the dispute relates to a construction contract within the meaning of section 4 of the Building and Construction Industry Security of Payment Act 2002 where the building owner is in the business of building residences and the contract is entered into in the course of, or in connection with, that business and one of the following applies—
(i)the dispute is the subject of an adjudication application under Division 2 of Part 3 of that Act which is yet to be determined;
(ii)the dispute is the subject of a review under Division 2A of Part 3 of that Act which is yet to be determined;
(iii)the dispute has been resolved under that Act; or
(f)there is no reasonable likelihood of the dispute being settled by conciliation for any reason other than because no other party is willing to engage in the conciliation; or
(g)the referral—
(i)is frivolous or otherwise lacking in substance; or
(ii)is vexatious; or
(iii)was not made in good faith; or
(h)the dispute has been resolved.
45DWhere more than one matter referred
(1)If more than one matter in dispute is referred, the chief dispute resolution officer may sever from the referral any matter that the chief dispute resolution officer would reject under section 45C if it were the only matter referred.
(2)If a referral relates to more than one matter or the matter referred relates to more than one circumstance, the chief dispute resolution officer may separate the referral into 2 or more referrals if—
(a)a conciliation officer's inquiries into some of the matters have not been completed and it is convenient to separate them; or
(b)it is in the public interest to do so.
(3)If the chief dispute resolution officer accepts more than one referral in relation to the same or related domestic building work, the chief dispute resolution officer may decide to deal with the referrals together as if they were one referral.
45ENotice of decision
(1)The chief dispute resolution officer must give written notice of a decision under section 45C or 45D to accept a referral, or any matter referred, to each party to the referred dispute within 10 business days after making the decision.
(2)If the chief dispute resolution officer decides to accept a referral, the notice must—
(a)include an outline of the referring party's stated reasons for the dispute; and
(b)state that the dispute has been referred to a conciliation officer.
* * * * *
(4)If the chief dispute resolution officer decides to sever any matter from a referral or to separate or combine referrals, the notice must include the reasons for the decision.
(4)This section is repealed on the second anniversary of the day on which it comes into operation.
* * * * *
* * * * *
* * * * *
SCHEDULES
SCHEDULE 1—TRANSITIONAL PROVISIONS
1Commencement day
In this Schedule, commencement day means the day on which Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016 comes into operation.
2Complaints and conciliation
(1)This Act as in force immediately before the commencement day continues to apply in relation to any complaint made to the Director under Part 3A before the commencement day.
(2)For the purposes of subclause (1), the Victorian Civil and Administrative Tribunal Act 1998 applies as if the amendments made by Division 2 of Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016 had not been made.
3Assessors and examinations
Part 4, as in force before its substitution by
Part 2 of the Building Legislation Amendment (Consumer Protection) Act 2016, continues to apply in relation to any examination by an inspector appointed under that Part 4—
(a)that commenced before the commencement day; or
(b)that commences on or after the commencement day as a result of a request under section 43F as continued by clause 2.
* * * * *
SCHEDULE 1A—BUILDING LEGISLATION AMENDMENT (BUYER PROTECTIONS) ACT 2025
1Definition
In this Schedule—
commencement day means the day on which Division 2 of Part 2 of the Building Legislation Amendment (Buyer Protections) Act 2025 comes into operation.
2Establishment of Domestic Building Dispute Resolution Victoria Trust Fund
(1)On and after the commencement day, the Domestic Building Dispute Resolution Victoria Trust Fund is the Domestic Building Dispute Resolution Victoria Trust Fund established under section 51 before that day.
(2)For the purposes of section 51, as amended by the Building Legislation Amendment (Buyer Protections) Act 2025, the Director must do all things necessary to enable the Authority to operate the account referred to in section 51(2).
(3)The Director must comply with subsection (2) as soon as practicable after the commencement day.
3Payments out of Domestic Building Dispute Resolution Victoria Trust Fund
(1)This section applies if before the commencement day—
(a)an agreement under section 51A(1) is entered into and the funds to which the agreement relates are not paid out of the Fund; or
(b)the Director—
(i)has given written notice under section 49G(3) proposing to pay money out of the Fund; and
(ii)does not pay the money out of the Fund; or
(c)the Director—
(i)is given written notice under section 51A(4) to pay money out of the Fund; and
(ii)does not pay the money out of the Fund; or
(d)the Director—
(i)is given a recommendation by the chief dispute resolution officer under section 51B(2) to pay money out of the Fund; and
(ii)does not pay the money out of the Fund.
(2)The Authority may pay the money out of the Fund after the commencement day.
SCHEDULE 2—OFFENCES FOR WHICH INFRINGEMENT NOTICES MAY BE SERVED
| Column 1 Offences under section— | Column 2 Infringement notice penalty |
| 12(2) | 10 penalty units |
| 22 | 25 penalty units |
| 23 | 10 penalty units |
| 25 | 10 penalty units ½ penalty unit per day (default) |
| 26(1) | 10 penalty units |
| 29 | 50 penalty units |
| 31 | 25 penalty units |
| 32(1) | 25 penalty units |
| 36(2) | 10 penalty units ½ penalty unit per day (default) |
| 43(2) | 25 penalty units ½ penalty unit per day (default) |
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 24 October 1995
Legislative Council: 15 November 1995
The long title for the Bill for this Act was "A Bill to regulate domestic building contracts and to establish a Domestic Building Disputes Tribunal and to amend the House Contracts Guarantee Act 1987 and the Building Act 1993 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 24 October 1995
Legislative Council: 15 November 1995
Absolute majorities:
Legislative Assembly: 14 November 1995
Legislative Council: 23 November 1995.
The Domestic Building Contracts and Tribunal Act 1995 was assented to on 5 December 1995 and came into operation as follows:
Part 1 (sections 1–7) on 5 December 1995: section 2(1); section 158 on 1 May 1996: section 2(1A); Parts 4 (sections 44–50), 5 (sections 51–121), 8 (except section 158), Schedule 1 on 1 April 1996; rest of Act on 1 May 1996: Government Gazette 29 February 1996 page 445.
The name of this Act was changed from the Domestic Building Contracts and Tribunal Act 1995 to the Domestic Building Contracts Act 1995 by section 36 of the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Domestic Building Contracts Act 1995 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Domestic Building Contracts Act 1995, No. 91/1995
Assent Date: 5.12.95 Commencement Date: Sch. 1 cl. 4(5) inserted on 26.4.17 by No. 15/2016 s. 12: Special Gazette (No. 94) 27.3.17 p. 1 Note: Sch. 1 cl. 4(5) repealed Sch. 1 cl. 4 on 1.7.19 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts and Tribunal (Amendment) Act 1996, No. 2/1996
Assent Date: 18.6.96 Commencement Date: 18.6.96: s. 2 CurrentState: All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items 23.1, 23.2) on 1.1.97: s. 2(3) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Legal Practice (Amendment) Act 1997, No. 102/1997
Assent Date: 16.12.97 Commencement Date: S. 49(Sch. item 1) on 16.12.97: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Residential Tenancies Act 1997, No. 109/1997
Assent Date: 23.12.97 Commencement Date: S. 533(Sch. 2 item 2.1) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: Ss 35–45 on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
Assent Date: 1.12.98 Commencement Date: Pt 3 (ss 6, 7) on 1.2.99: Government Gazette 24.12.98 p. 3204 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date: 18.5.99 Commencement Date: Ss 30, 31 on 1.9.99: Government Gazette 19.8.99 p. 1901 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts (Amendment) Act 2000, No. 2/2000
Assent Date: 28.3.00 Commencement Date: 29.3.00: s. 2 CurrentState: All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 37) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
House Contracts Guarantee (HIH) Act 2001, No. 26/2001
Assent Date: 7.6.01 Commencement Date: S. 16 on 8.6.01: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building (Amendment) Act 2001, No. 68/2001
Assent Date: 7.11.01 Commencement Date: S. 17 on 1.7.02: s. 2(5) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts (Conciliation and Dispute Resolution) Act 2002, No. 36/2002
Assent Date: 18.6.02 Commencement Date: Ss 3–8 on 1.7.02: s. 2(2) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading (Amendment) Act 2003, No. 30/2003
Assent Date: 27.5.03 Commencement Date: S. 84 on 28.5.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Architects (Amendment) Act 2004, No. 35/2004
Assent Date: 8.6.04 Commencement Date: S. 38 on 14.6.05: Government Gazette 5.5.05 p. 851 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Domestic Building Contracts (Amendment) Act 2004, No. 37/2004
Assent Date: 8.6.04 Commencement Date: 1.5.96: s. 2 CurrentState: All of Act in operation
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
Assent Date: 21.12.04 Commencement Date: S. 81 on 22.12.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 58) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 34) on 12.12.05: Government Gazette 1.12.05 p. 2781 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
House Contracts Guarantee (Amendment) Act 2005, No. 52/2005
Assent Date: 13.9.05 Commencement Date: S. 30 on 1.2.06: Government Gazette 25.1.06 p. 108 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 10) on 1.7.06: Government Gazette 29.6.06 p. 1315 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Owners Corporations Act 2006, No. 69/2006
Assent Date: 19.9.06 Commencement Date: S. 221 on 31.12.07: s. 2(2) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 3) on 30.5.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 17) on 27.6.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 3) on 12.2.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 46) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 7) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 14) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013
Assent Date: 18.6.13 Commencement Date: S. 35(Sch. 2 item 2) on 1.7.13: s. 2 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 33) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Consumer Affairs Legislation Amendment Act 2014, No. 50/2014
Assent Date: 12.8.14 Commencement Date: S. 29 on 13.8.14: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Veterans and Other Acts Amendment Act 2015, No. 12/2015
Assent Date: 21.4.15 Commencement Date: S. 21(Sch. 1 item 3) on 22.4.15: s. 2(1) CurrentState: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Legislation Amendment (Consumer Protection) Act 2016, No. 15/2016
Assent Date: 19.4.16 Commencement Date: Ss 4, 72 on 4.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 5 on 1.9.16: Special Gazette (No. 261) 23.8.16 p. 1; ss 3, 6–12 on 26.4.17: Special Gazette (No. 94) 27.3.17 p. 1 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
House Contracts Guarantee Repeal Act 2016, No. 37/2016
Assent Date: 28.6.16 Commencement Date: S. 4 on 29.6.16: s. 2 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017
Assent Date: 23.5.17 Commencement Date: S. 103 on 24.5.17: s. 2(1); ss 101, 102 on 1.7.18: s. 2(3) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Amendment (Registration of Building Trades and Other Matters) Act 2018, No. 46/2018
Assent Date: 25.9.18 Commencement Date: S. 77 on 26.9.18: s. 2(1) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018
Assent Date: 25.9.18 Commencement Date: Ss 43–52 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Professional Engineers Registration Act 2019, No. 26/2019
Assent Date: 3.9.19 Commencement Date: Ss 131–134 on 1.7.21: s. 2(2) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Consumer Legislation Amendment Act 2019, No. 47/2019
Assent Date: 3.12.19 Commencement Date: Ss 6–31 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 1 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Amendment (Registration and Other Matters) Act 2021, No. 40/2021
Assent Date: 19.10.21 Commencement Date: S. 46 on 20.10.21: s. 2(1) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Legislation Amendment Act 2023, No. 11/2023
Assent Date: 6.6.23 Commencement Date: Ss 29, 52 on 1.2.24: s. 2(2) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Justice Legislation Amendment Act 2023, No. 26/2023
Assent Date: 10.10.23 Commencement Date: S. 75 on 11.10.23: s. 2(1) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Legislation Amendment (Domestic Building Insurance New Offences) Act 2024, No. 4/2024
Assent Date: 27.2.24 Commencement Date: Ss 3–5 on 28.2.24: Special Gazette (No. 88) 27.2.24 p. 1 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Statute Law Revision Act 2024, No. 13/2024
Assent Date: 23.4.24 Commencement Date: S. 3(Sch. 1 item 3) on 24.4.24: s. 2 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
Building Legislation Amendment (Buyer Protections) Act 2025, No. 17/2025
Assent Date: 3.6.25 Commencement Date: Ss 11–30, 105 on 1.7.25: Special Gazette (No. 322) 24.6.25 p. 1 Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 5: As a result of the definition of domestic building work in section 3, this Act does not apply to anything listed in this section that is also listed in section 6.
[2] S. 6(1)(e): Although such design work is not domestic building work for the purposes of this Act, as a result of paragraph (1)(c) of the definition of domestic building dispute in section 54, disputes concerning such design work may be dealt with by VCAT.
[3] Pt 2 Div. 1: A warranty is a term of a contract that enables a person to seek compensation from the person who does not comply with the warranty for any loss that results from the failure to comply with the warranty. (Please note that this is not intended as an exhaustive definition.)
[4] S. 8(c): Examples of laws that this provision applies to include the Building Regulations 2018 made under the Building Act 1993 which in turn incorporate most of the Building Code of Australia which in turn incorporates a number of Australian Standards.
[5] S. 9: Section 134 of the Building Act 1993 imposes a 10 year limit on the bringing of building actions. It will apply to actions brought under section 9. The 10 years begins to run from the date the occupancy permit is issued. If no occupancy permit is issued, the 10 years runs from the date the certificate of final inspection is issued.
[6] S. 15(1)(a): Section 33 imposes requirements on provisions such as those referred to in this paragraph if the provisions are in major domestic building contracts.
[7] S. 20: See note 3.
[8] S. 21(3)(b): The failure of a builder to comply with this section gives the building owner a right to apply to VCAT under section 53(2)(c) for a reduction in the amount asked for a prime cost item or provisional sum.
[9] S. 30(4)(a): Examples of relevant standards include AS 1726—1993 (superseded by AS 1726: 2017) and AS 2870—1996 (superseded by AS 2870: 2011).
[10] S. 31(1)(i): Section 32 imposes requirements on how these estimates are to be made.
[11] S. 35(3): Section 122 requires the Director to publish on an Internet site the form of any such notice.
[12] S. 41(4): See note 11.
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