Eligibility criteria for your building dispute
Who can apply for our service
- Builders
- Owners
- Architects
- Sub-contractor or tradesperson
- Other building practitioners, such as surveyors, engineers and draftpersons
Disputes we can help resolve
- Defective or incomplete building work
- Delays
- Issues with payment
- Issues about the domestic building contract
Your dispute must involve the building owner
All disputes must involve a building owner. We cannot resolve disputes that do not involve the owner.
Your dispute must cover more than one type of work under the same contract
We are unable to resolve disputes that relate to just one type of work performed under an individual contract or agreement.
Disputes about these types of work may be eligible if they are being provided as part of a contract or agreement that also includes other types of building work.
For example, if your contract or agreement only covers tiling, you will be ineligible to apply. However, if your contract or agreement covers additional work such as tiling and plumbing, you are eligible to apply.
Your dispute must be about domestic building work
It must be about domestic (residential) building work, including:
- Construction
- Renovation
- Alteration
- Extension
- Demolition
- Improvement to a home
Other building work that is carried out with the renovations, alterations, extension, improvement or repair of a home, such as:
- Garages
- Driveways
- Swimming Pools
- spas
- Landscaping
- Paving
- Lighting
- Heating ventilation
- Air conditioning
- Water supply
- Sewerage or drainage to the home
Try to resolve the dispute with the other party
For your dispute to be eligible for our service:
- You must have taken reasonable steps to resolve the dispute directly with the other party within the last 3 months. This includes clearly stating your issues or concerns (preferably in writing) and
- giving the other party a reasonable time to respond.
See tips to help you resolve your dispute.
What are reasonable steps?
Before lodging your dispute with us, you must have at a minimum:
- made multiple attempts to contact the other party to raise your concerns
- engaged with the other party, if they are willing to do so, to try and resolve your issue; and
- preferably advised the other party that you intend to lodge an application with us.
You should also ensure that you are aware of your rights and comply with your obligations. More information and advice can be found from other helpful services.
Other reasons your dispute may not be eligible
- If your dispute is related to commercial building work, it will not be eligible for our service.
- Your dispute must not be the subject of a VCAT or court proceeding, currently or previously (limited exceptions apply)
- Your dispute does not relate to building work that is more than 10 years old
For disputes that are not eligible
If your dispute doesn't meet the application criteria, check: