If you've found an issue with the building work, learn the difference between a defect and non-compliance and where to get help for each.
Defects
A defect is work that breaches a contract term. This may include failing to meet a standard or quality specified in the contract or breaching an implied warranty under the Domestic Building Contracts Act 1995. For example, if the contract specifies that plastering will be carried out according to Grade 4 Level of the relevant Australian Standard, and only Grade 3 level is achieved, this would be a defect.
Our Guide to Standards and Tolerances (under review) describes the acceptable standards of workmanship in domestic building construction that aren’t covered by the minimum standards set in the law or specified in a contract. It can help to determine if something is defective. Note this document is intended as a general guide only. While it provides helpful direction, it does not override any statutory or contractual requirements. Where there is any difference, the relevant legal and contract documents will always take priority.
Non-compliance
Non-compliance is defined as work that is in breach of the building laws, which include the Building Act 1993, the Building Regulations 2018 and the Plumbing Regulations 2018. These include the minimum required standards that all building work must meet. For example, if a bathroom isn’t adequately waterproofed, it could be regarded as non-compliance and could lead to moisture problems. Work that is in breach of the building permit is also non-compliant.
It’s the building surveyor’s job to check that building work complies with the requirements of the building laws. However, it is not their job to check whether building work complies with the contract as this relates to defects.
If you are unable to determine whether the work is defective or non-compliant:
- ask the relevant building surveyor (RBS)
- speak to an independent third party, such as a builder, architect, building consultant or engineer.
How to prevent this
Do research so you can choose a qualified and skilled builder. This includes checking that they are registered and finding out if they have disciplinary history. Read more about finding a practitioner and getting quotes.
All building work must comply with the minimum required standards as set out in the law, regardless of the cost or the terms of the contract. However, your contract may specify standards above the legal minimum.
Decide early on what is non-negotiable. Your contract should clearly set out the materials, finishes and specifications that are important to you. Understand that premium quality work or materials will cost more and talk to your builder or draftsperson about the options that are available within your budget. Find out more information about setting expectations when arranging agreements and contracts.
During work, visit the site regularly to check its progress and communicate with your builder. You should read your contract carefully so you are aware of any requirements or limitations regarding when or how often you can inspect the property. If you see anything that doesn’t look right, ask questions, note the responses and speak up about issues early. While you have a legal right to reasonable access to your property, you should arrange visits ahead of time and follow the safety requirements for the site.
You can also engage an independent registered practitioner to oversee the work and check that it meets required standards. Read more about types of building professionals and their roles and responsibilities.
What you can do
Always talk to your builder and give them an opportunity to fix the issue before lodging a formal complaint or seeking dispute resolution.
For non-compliant work, speak to your RBS first. Their role is to check that building work meets the minimum building standards set out in the building law.
If the issue is not resolved, you can lodge a complaint with the BPC. Your RBS continues to have a role in checking that the building work complies with the building laws and may work with the BPC to address the issue.
BPC will assess the information you provide and determine the most appropriate response.
The action BPC takes will depend on the type of issue, the evidence available, the level of risk, and whether the matter is within BPC’s powers.
BPC does not respond to every issue in the same way. Some matters may be suitable for dispute resolution. Some may need assessment, inspection or regulatory action. Others may need to be referred to another agency or pathway.
If your domestic building contract was entered into on or after 1 July 2026, Home Warranty may cover eligible defective, non-compliant or incomplete work if the builder is unable or unwilling to complete or fix it. Eligibility, limits and exclusions apply. Different insurance arrangements apply to contracts entered into before 1 July 2026.