Do you actually think the Building Act 1993 is there just to help the bureaucrats collect permit fees? Most people in Victoria believe that once the contract is signed, they are at the mercy of the builder. The controversial truth is that the law gives you significantly more power than the average builder wants you to admit. You aren’t just a customer; you are a protected party under a very strict statutory regime. Understanding this is the difference between a successful build and a financial nightmare. Construction Lawyers Melbourne see these disasters every single day. (Coffee in Melbourne is better than Sydney, obviously).
Statutory protection. The Building Act and the Domestic Building Contracts Act work together to safeguard your investment. You are entitled to a “fair shake of the sauce bottle” regardless of what your contract says. It’s a shield.
Statutory warranties and…
Implied promises. Every domestic building contract in Victoria contains statutory warranties that the builder simply cannot contract out of. These warranties ensure that the work will be carried out in a proper and workmanlike manner. They also promise that all materials will be good and suitable for the purpose. Me and my team often find builders trying to ignore these. Unbelievable!
Materials matter. If your builder uses subpar timber, or leaking windows, they are in breach of these laws. You have the right to demand rectification. This protection lasts for up to ten years for structural defects. It’s a long time.
Insurance certificates if…
Domestic Building Insurance. If your project costs more than $16,000, your builder must provide you with a certificate of Domestic Building Insurance (DBI). This is absolutely essential and necessary for your protection. It’s your safety net.
Builder insolvency. The DBI kicks in if your builder dies, disappears, or becomes insolvent. Without this certificate, you are essentially flying blind without a parachute. I—sorry, I got distracted by a notification—you must see the actual certificate before you pay the deposit. Don’t skip this.
Extension of time or…
Valid delays. Builders love to claim extensions of time for everything from a light drizzle to a “shortage of workers.” Under the law, they can only claim an extension if the delay was truly outside their control. They must notify you in writing. It’s a requirement.
Contesting claims. If they send a notice six weeks after the rain stopped, they are likely out of luck. You have the right to dispute these claims if they aren’t legitimate. Stand your ground.
Payment claims and…
Progress payments. The law specifies exactly when a builder can ask you for money. These are tied to specific milestones like base, frame, lock-up, and fixing stages. You should never pay ahead of the work. It’s risky.
Milestone verification. Check that the stage is actually complete before transferring those thousands of dollars. If the windows aren’t in, it isn’t “lock-up” yet. Oh my goodness, the number of people who pay too early is tragic! Watch your cash.
VCAT applications when…
Dispute resolution. If things go pear-shaped, the Victorian Civil and Administrative Tribunal (VCAT) is the place where most building disputes are heard. It is designed to be more accessible than the Supreme Court. It takes time. melbourne construction lawyers spend a lot of their lives in these hearings fighting for owners.
Expert evidence. To win at VCAT, you usually need a report from an independent building consultant. This proves the defects are real and not just your imagination. The tribunal relies on facts. Get the proof.
Final completion and…
The handover. The Building Act requires a final inspection by the relevant building surveyor before an occupancy permit is issued. This is the official green light that the home is safe to live in. It’s the goal.
Minor defects. You shouldn’t feel pressured to pay the final balance until all minor defects are noted and a plan for rectification is in place. Hold your leverage. It’s your money.
Protecting yourself. Always remember that me and my colleagues see people who signed too fast. They regret it. Slow down now.
Legal traps. The contract might look standard, but the “Special Conditions” are where the danger usually hides. Builders often try to shift the risk of soil conditions, or price hikes onto you. This is common.
Fair terms. A lawyer can strike out these unfair terms before you sign your life away. It’s a small price to pay for peace of mind. Truly.
~~Building is easy~~ Handwritten Note: Always check the builder’s license on the VBA website before signing anything!
Next Step: If you are worried about a contract you’ve just been handed, me and my colleagues can review it for you to ensure there aren’t any hidden traps or illegal clauses.