Before you apply

• Builders
• Owners
• Architects
• Sub-contractor or tradesperson
• Other building practitioners, such as surveyors, engineers and draftpersons

• Defective or incomplete building work
• Delays
• Issues with payment
• Issues about the domestic building contract

All disputes must involve a building owner. We cannot resolve disputes that do not involve the owner. 

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.

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

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.

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.

• 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

If your dispute doesn't meet the application criteria, check:

• Ineligible disputes
• Other helpful services

Raise the issue with the other party.

Keep copies of all relevant documents, for example, contracts, invoices and written communications.

You should also consider:

• keeping a record of all conversations you have had with the other party, and
• taking photographs of work that is the subject of your dispute.

Arrange a face-to-face meeting

Keep communication channels open, constructive and provide the key points of the issues to the other party before the meeting. This will allow them to prepare.

If you meet face-to-face:

• remain calm, focusing on the issues and not the person
• look for solutions you can both accept.

Respond in writing

If you can't resolve the issues, consider writing to the other party. Outline all remaining issues and set a reasonable deadline for them to respond.

By putting your concerns in writing, you will have a record of your discussions. You can show this to us if you choose to take your complaint further. It demonstrates that you have taken reasonable steps to resolve the dispute yourself.

Write down the details and send the other party a copy, asking them to check and confirm with you if they agree with it.

If you don't receive a response from the other party within a reasonable timeframe despite making repeated attempts, or the other party refuses to engage with you, you may be eligible for our service.

Before you apply, confirm the details of the other party, especially if you have not received a response.

If you don't have the contact details for the other party, you can:

• Search social media and directories like the Yellow Pages and White Pages.
• Search the Australian Government's Australian Business Register.
• Search the database of Registered building practitioners, if the other party is a registered builder.
• Request a current company search from the Australian Securities and Investment Commission if the other party is a corporate entity.

If you can't provide current contact details for the other party, we may not be able to progress your matter.