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Learn about Rectification Orders

What is a Rectification Order?

A Rectification Order is a formal order from BPC that requires building work to be fixed or completed.

It may be used where building work is:

  • Incomplete
  • Defective
  • Non-compliant.

A Rectification Order is one of a number of tools available to BPC. BPC will assess the matter and decide what action, if any, is appropriate in the circumstances. BPC will not consider issuing a Rectification Order in every case.

When might BPC consider a Rectification Order?

BPC may issue a Rectification Order where building work is incomplete, defective or non-compliant.

This predominantly includes after the construction work has finished, but in some cases this can include work during construction. BPC can issue a Rectification Order up to 10 years after:

  • the issue of a certificate of final inspection
  • the issue of an occupancy permit
  • in the case of building work that does not require a building permit, the date of practical completion.

The BPC must consider whether to issue a Rectification Order requiring the rectification or completion of domestic building work before determining a Home Warranty claim.

Where assistance is not available under Home Warranty, the BPC prioritises onsidering Rectification Orders where there may be evidence of incomplete, non-compliant or defective building work relating to a major building element which:

  • has caused or is likely to cause the building to be uninhabitable or prevent it from being used for its intended purpose
  • has caused or is likely to cause the building or a part of the building to be destroyed
  • has caused or is likely to cause the building or a part of the building to be under threat of collapse
  • places, or is likely to place, a member of the public or occupant of the building at risk of death or serious injury.

Do I need to raise the issue with the builder first?

Yes. BPC expects that you have raised the issue with the builder and given them a chance to respond or fix the work.

For some matters, including for claims under Home Warranty insurance, you will need to show that you have already raised the issue with the builder.

What might happen before BPC decides whether to issue a Rectification Order?

Depending on the matter, BPC may:

  • ask for more information
  • arrange an inspection, subject to homeowner consent
  • ask the parties to take further steps to resolve the issue, such as participate in BPC’s dispute resolution service.

BPC will not consider a Rectification Order in every situation, and may determine that another pathway is more appropriate in the circumstances. This will be determined on a case-by-case basis.

Who can receive a Rectification Order?

A Rectification Order may be issued to the person or people BPC considers responsible for the building work.

Depending on the circumstances, this could include a builder, subcontractor, developer or another person who carried out the work. In some cases, an order may be issued to more than one person in which case those persons/parties will be jointly and severally responsible for complying.

Before issuing a Rectification Order, BPC will generally give notice of the proposed order. This gives the relevant person an opportunity to respond within a certain timeframe, explain their position, or resolve the issue before a final decision is made.

What can a Rectification Order include?

A Rectification Order will include:

  • a summary of the building work that is the subject of the order
  • a summary of what must be done, including any direction or standard that must be met
  • the date the work must be completed by
  • any conditions that apply.

If a Rectification Order is issued you may need to:

  • provide reasonable access so the work can be inspected and/or finished or fixed
  • keep records of communication and any work carried out
  • respond if BPC asks for more information
  • tell BPC if the work has not been completed or fixed by the required date.

What happens if the work is completed?

If the required work is completed, BPC may not take further action.

BPC may need to confirm that the work has been completed before the matter is closed. The BPC will advise you if a Rectification Order is issued and what will be required to confirm compliance.

What happens if the Rectification Order is not complied with?

If a Rectification Order is not complied with, BPC may take further action.

Depending on the circumstances, this may include:

  • further compliance or enforcement action
  • disciplinary action
  • prosecution
  • suspension in some matters

Does a Rectification Order mean insurance applies?

No. Rectification Orders can be used irrespective of whether there is an insurance policy. For more information about where insurance applies.

Can I get my own advice?

Yes.

You may wish to get your own legal, technical or other independent advice about your options.

Last updated 30 June 2026
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