For consumers / Home building and renovation
Home building and renovation disputes
Defective work, unfinished jobs, disputed variations and unpaid invoices. I act for home owners and for builders.
In short
- Every domestic building contract in Victoria includes warranties by the builder, whatever the written contract says.
- Most domestic building disputes cannot go straight to VCAT. First, the dispute must go to the dispute resolution service of the Building and Plumbing Commission.
- A building action generally cannot be brought more than 10 years after the occupancy permit or certificate of final inspection (15 years for some cladding claims).
- I act for home owners and for builders.
- Cost and next step: $1,650 for a review and a letter, including GST. Start online or call 1800 776 529.
Key numbers
10 years
The usual outer limit for a building action, from the occupancy permit or certificate of final inspection.
$400,000
Home Warranty cover per home, for contracts from 1 July 2026 where the builder receives more than $20,000.
12 months
To make a Home Warranty claim after becoming aware of the problem.
The builder's warranties
Every domestic building contract in Victoria includes warranties by the builder, whatever the written contract says. In summary, the builder warrants that the work will be done properly and in line with the plans and specifications, with good and suitable materials, in compliance with the law, with reasonable care and skill, and, for a home, so that it is suitable to live in.1 The warranties pass to later owners and cannot be excluded.2
The wording of the warranties is due to change: an amending Act replaces “proper and workmanlike” with “due care and skill”, adds a warranty that the work will be completed within a reasonable time, and extends the warranties to related agreements between the builder and the owner. These changes had not started on 4 November 2026 and must start by 31 March 2027 at the latest.3
Before VCAT: the Building and Plumbing Commission
Most domestic building disputes cannot go straight to VCAT. First, the dispute must go to the dispute resolution service of the Building and Plumbing Commission (formerly Domestic Building Dispute Resolution Victoria). VCAT will hear the dispute only once a certificate of conciliation has been issued, except for an urgent injunction.4 A party who refuses to take part in conciliation, or does not take part in good faith, can be ordered to pay costs later.5
Time limits
A building action generally cannot be brought more than 10 years after the occupancy permit or certificate of final inspection (15 years for some cladding claims).6 Defects found late can still be claimed within that period, but the sooner you act, the better the evidence.
Insurance
Which insurance applies depends on when the contract was signed.
- Contracts from 1 July 2026 where the builder receives more than $20,000 (apartment buildings excluded): Home Warranty, which can respond when the builder will not or cannot fix the work. Cover is up to $400,000 per home, for 6 years after completion for structural, waterproofing and weatherproofing defects and 2 years for other defects. A claim must be made within 12 months of becoming aware of the problem.7
- Contracts signed before 1 July 2026: Domestic Building Insurance, which generally responds only if the builder has died, disappeared or become insolvent.8
For builders
I also act for builders: disputed variations, claims for defects you say are not yours, unpaid progress payments and conciliation at the Commission. See For businesses.
What my $1,650 covers
I read the contract, plans, variations, invoices, photos and any building inspector’s report; tell you which warranties apply and what the dispute process requires; and send a letter to the builder (or owner) setting out the defects or the claim and what must be done by a set date. Conciliation, VCAT and court work are quoted separately.
Questions
Have another question? Phone 1800 776 529 or send me a message.
For defects, usually yes. A report from an independent building consultant is the evidence the builder, the Commission and VCAT will look at. I can tell you what it should cover.
Whether you can withhold payment depends on the contract and the defects. Get advice before you refuse to pay, because withholding the wrong amount can put you in breach.
The law
- Domestic Building Contracts Act 1995 (Vic) s 8.
- Domestic Building Contracts Act 1995 (Vic) ss 9, 10.
- Domestic Building Contracts Amendment Act 2025 (Vic) (No 36/2025) s 22 (new wording and s 8(da)), s 10 (related agreements); s 2(3) as amended by Consumer Legislation Amendment Act 2026 (Vic) s 178ZL (forced commencement 31 March 2027).
- Domestic Building Contracts Act 1995 (Vic) s 56; courts: s 57A.
- Victorian Civil and Administrative Tribunal Act 1998 (Vic) sch 1 cl 12B.
- Building Act 1993 (Vic) s 134.
- Building Act 1993 (Vic) ss 3(1), 137J, 318A(1)(a); Building (Statutory Insurance Scheme) Regulations 2026 (Vic) regs 8(1), 21, 28(b), 50; Building and Plumbing Commission, “Home Warranty”.
- Consumer Affairs Victoria, “Insurance and insolvency”; Building and Plumbing Commission, “Check whether insurance may apply”.
Last reviewed: November 2026. This page is general information about Victorian and Commonwealth law as at November 2026. It is not legal advice about your circumstances.
Tell me what happened
I reply within one business day.
To send documents, use the Start online form.
Phone: 1800 776 529
Email: info@consumerlawyers.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
I act for consumers and for businesses, but never for both sides of the same dispute. Before I start, I check that I have not acted for the other party.