Residential Building Law
Domestic building
disputes.
Representation for homeowners and builders in domestic building disputes, from defects and variations to termination and VCAT proceedings.
Domestic Building Disputes
Advice early, resolution faster.
Domestic building disputes are among the most stressful and costly legal matters a homeowner or builder can face. They are often emotionally charged, technically complex, and time-consuming. Whether the dispute involves defective work, unagreed variations, payment withholding, or incomplete construction, getting legal advice early can save significant time and money.
Residential building disputes follow a distinct legal pathway. Many matters must first use the free dispute-resolution process now administered by the Building and Plumbing Commission (BPC), which replaced Domestic Building Dispute Resolution Victoria (DBDRV), before an application can proceed in VCAT. The correct pathway depends on the parties, the work, the relief sought and any exemption from the pre-VCAT process.
The Resolution Pathway
From dispute to resolution.
Domestic building disputes follow a defined legal pathway. Understanding the purpose, evidence and possible outcome at each stage helps parties make informed decisions as the matter progresses.
Early Advice
Obtain legal advice early, before conciliation. Understanding your rights, the strength of your claim, and the likely outcome shapes your entire strategy.
BPC Conciliation
Attend mandatory conciliation through the Building and Plumbing Commission (formerly DBDRV). Many matters resolve here with proper preparation and legal guidance.
VCAT Proceedings
If the BPC process does not resolve the matter, a certificate may enable an application to VCAT. VCAT can make binding orders including payment, rectification or termination orders where jurisdiction permits.
Enforcement
If orders are not complied with, we enforce VCAT determinations through the courts, converting tribunal orders into recoverable judgments.
Mandatory Conciliation
The conciliation process.
In most residential building disputes, you must first go through conciliation before applying to VCAT. The service is free and is now provided by the Building and Plumbing Commission (BPC), which absorbed the functions of Domestic Building Dispute Resolution Victoria (DBDRV). The conciliation process itself, and the requirement to obtain a certificate before VCAT, continues unchanged.
Many clients benefit from obtaining legal advice before conciliation. Understanding your legal position, and your rights at conciliation and beyond, helps you make informed decisions and reach a workable settlement. We prepare your case, brief experts where needed, and advise on negotiation strategy throughout.
There are exceptions to the conciliation requirement, including single-trade contracts and urgent injunctions. We can advise whether your matter must go through conciliation or can proceed directly to VCAT. The BPC can also now issue rectification orders in appropriate cases, a new, faster route to getting defective work fixed.
Tribunal Proceedings
VCAT proceedings.
If the dispute is not resolved at conciliation, the matter may progress to the Victorian Civil and Administrative Tribunal (VCAT). Once you have your conciliation certificate, you can apply to VCAT, and either the builder or the owner may commence proceedings.
Unlike conciliation, VCAT can make binding orders that the parties must comply with. This makes proper legal advice essential before filing, to understand the strength of your claim, the risks of counterclaims, and the expert evidence you will need.
We represent owners and builders in VCAT's Built Environment practice area, preparing applications, managing directions hearings, engaging expert witnesses and presenting the case at hearing.
Our Services
How we can help.
We act for homeowners and builders at every stage of the domestic building dispute process, from early advice and conciliation preparation through to VCAT representation and enforcement of orders.
Defects & Rectification Claims
Pursuing and defending claims concerning structural defects, waterproofing failures, incomplete work and non-compliant work. Expert evidence may be required on cause, compliance, scope and rectification cost.
- Structural Defects
- Waterproofing Failures
- Incomplete Works
- Non-Compliant Work
Variation Disputes
Disputes over variations are among the most common in domestic building. We advise on whether variations were properly instructed, documented, and priced, and represent owners and builders when agreement cannot be reached.
- Oral Variations
- Written Variation Orders
- Pricing Disputes
- Scope of Works
Contract & Payment Disputes
Disputes over progress payments, contract price adjustments, and payment withholding. We review the contract, advise on your payment obligations, and act to recover or withhold amounts properly due.
- Progress Payments
- Payment Withholding
- Contract Price
- Final Account
Delay & Completion Disputes
Claims arising from delays, extensions of time, and failure to complete works. We analyse the contract programme, identify the causes of delay, and advise on liquidated damages and completion obligations.
- Extension of Time
- Liquidated Damages
- Completion Dates
- Practical Completion
Termination & Repudiation
Terminating a domestic building contract, or responding to a threatened termination, carries significant risk. We advise on grounds, prepare notices, and protect your position if termination is challenged.
- Termination Notices
- Repudiation Claims
- Wrongful Termination
- Contract Rescission
Warranty & Insolvency Claims
When a builder fails or work is defective, the first-resort home warranty scheme (formerly Domestic Building Insurance) may respond. We assist owners with warranty claims, including under legacy DBI policies, and recovery proceedings to get your project back on track.
- Warranty Claims
- Legacy DBI Claims
- Incomplete Works
- Insurer Disputes
Common Questions
Building disputes, answered.
Domestic building disputes follow a unique legal pathway. These are the questions we hear most often from homeowners and builders navigating the process for the first time.
Do I have to go through conciliation before VCAT?
In most cases, yes. Free conciliation, now run by the Building and Plumbing Commission (BPC), which took over from Domestic Building Dispute Resolution Victoria (DBDRV), must generally be completed, and a conciliation certificate obtained, before you can apply to VCAT. There are limited exceptions, such as single-trade contracts or urgent injunctions.
What happens if the dispute isn't resolved at conciliation?
If conciliation fails, a conciliation certificate is issued which allows you to file an application with VCAT. VCAT can then make binding orders, including orders for payment, rectification, or contract termination, that the parties must comply with.
Do I need an expert building report?
In most defects matters, yes. VCAT expects expert evidence from a qualified building consultant on the nature, cause, and cost of rectification of any defects. We help identify the right expert, brief them properly, and ensure their report is admissible and persuasive.
What warranties does my builder give me automatically?
Every domestic building contract in Victoria carries the warranties implied by the Domestic Building Contracts Act 1995 (Vic) s 8: the work will be carried out in a proper and workmanlike manner, with suitable materials, in accordance with the law and the plans and specifications, and the home will be suitable for occupation. These warranties cannot be excluded and may also be enforceable by later purchasers.
What deposit and progress payments can a builder charge?
The Domestic Building Contracts Act 1995 (Vic) generally caps deposits at 5% where the contract price is $20,000 or more and 10% below that threshold. It also regulates progress payments. Standard home-building contracts generally use prescribed stages unless a compliant alternative method is agreed.
Can I resolve my dispute without going to VCAT?
Yes. Many disputes resolve through negotiation, BPC dispute resolution or mediation before a final VCAT hearing. In specified circumstances the BPC may issue a rectification order requiring building work to be addressed. Settlement options should be assessed against the evidence, rectification scope, cost and enforceability.
What if my builder has gone into liquidation?
For eligible contracts entered into from 1 July 2026, the first-resort home warranty scheme may cover defective, incomplete or non-compliant domestic building work in homes up to three storeys, subject to eligibility, limits and exclusions. Earlier projects may remain covered by legacy Domestic Building Insurance policies. We advise on which scheme applies and the evidence required for a claim.
Should I get legal advice before conciliation?
Often, yes. Advice before conciliation can clarify the contractual and statutory issues, the evidence you need, the range of available outcomes and the consequences of any proposed settlement. We help prepare the case and negotiation strategy before the conference.
Can I terminate a domestic building contract?
Termination can be available for serious breach, repudiation or an express contractual right, but it is high risk if the grounds are not established. The notices, opportunity to remedy, payment position and evidence should be reviewed before any termination step is taken.
What should be included in a domestic building settlement?
A settlement should specify rectification scope, payment timing, access, supervision, releases, warranties, insurance position and what happens if the agreed work is not completed. Clear drafting reduces the chance of the same dispute returning in a different form.