Major Domestic Building Contracts in Victoria

Under the Domestic Building Contracts Act 1995 (Vic), a major domestic building contract is any agreement between a builder and a homeowner for residential building work valued at more than $10,000. These contracts must comply with specific legal requirements and include statutory warranties that protect homeowners. They cover a wide range of projects including new home construction, renovations, extensions, substantial repairs, and swimming pool installations.

Yes. For work valued at more than $10,000, Victorian law requires the contract to be in writing and signed by both parties before any work commences. The contract must also include detailed plans and specifications, and reference compliance with building codes and planning regulations. Failure to use a written contract does not invalidate the work performed, but it significantly limits your legal protections and remedies.

Under the Domestic Building Contracts Act 1995, homeowners have a five-business-day cooling-off period after signing a major domestic building contract. During this period, you can withdraw from the contract without penalty. This is why having your contract reviewed by a specialist construction lawyer before or immediately after signing is so valuable — it allows you to make an informed decision within the cooling-off window.

No. The statutory warranties implied by the Domestic Building Contracts Act 1995 cannot be waived, excluded, or contracted out of. Any clause in a building contract that purports to exclude or limit these warranties is void and unenforceable. These warranties — including that the work be carried out in a proper and workmanlike manner and that materials be good and suitable — protect Victorian homeowners regardless of what the contract says.

If your builder fails to complete the work within the agreed timeframe without a valid extension of time, you may be entitled to damages for delay. Your ability to recover these damages depends significantly on what your contract says — particularly whether it includes a liquidated damages clause. If the contract is silent on liquidated damages, you may still be entitled to general damages for your loss, but proving these can be more complex. We can advise you on your rights and, if necessary, assist with a VCAT claim.

Variations — changes to the original scope of work — must be documented in writing with an agreed price before they are carried out, unless the variation is necessary to comply with a law or is genuinely urgent. Under the Domestic Building Contracts Act 1995, a builder cannot charge for variations that were not properly documented in advance. Variation disputes are one of the most common sources of building disputes in Victoria, and clear variation clauses in your contract are essential for protecting your budget.

Most domestic building disputes in Victoria are resolved through the Victorian Civil and Administrative Tribunal (VCAT), which has a dedicated Building and Property List. Before making a VCAT application, you are generally required to attempt conciliation through Domestic Building Dispute Resolution Victoria (DBDRV). Our firm has experience at every stage of this process — from contract review and early negotiation through to VCAT representation.

Both the Housing Industry Association (HIA) and Master Builders Australia (MBA) produce industry standard form contracts for residential building work in Victoria. While both must comply with the Domestic Building Contracts Act 1995, they differ in their approach to issues such as price adjustment, payment stages, extension of time, and dispute resolution. Builders typically use the form that favours their preferred approach. We review both — and can advise you on which terms need to be amended to better protect your interests before you sign. See our Contract Review and Advice and MBA Contract Review and Advice services.

After you submit your contract, we provide a transparent fixed-fee cost disclosure within 24 business hours of you confirming interest. Once you accept and make payment, your comprehensive written review report — including a Q&A consultation — is delivered within 2 business days. This fast turnaround is designed to give you expert legal protection before your cooling-off period expires or your builder pressures you to sign.

No. Our contract review service is entirely online for your convenience. Simply submit your contract through our secure online form or via email, and your comprehensive review report will be delivered to you via email. There is no need to visit our office, take time off work, or travel. This streamlined process allows us to provide fast, expert contract reviews while maintaining the highest standards of legal analysis for Victorian homeowners.