Learn about the Building Act 1993, the construction law applicable to all building works in Victoria. Get to know what it covers, your rights, and its benefits for both contractors and homeowners.
The Building Act 1993 is the law that regulates and sets the standards in the residential building industry and certain specialist work in Victoria. The Act outlines the minimum statutory rights of homeowners, building practitioners, and other contractors such as plumbers. This includes standards for building and plumbing work, what to do in building inspection, warranties, insurance, and any other matters relating to construction work in Victoria.
The main concern of the Building Act is that residential building work should be done with a building permit. This makes sure that the buildings and entertainment spaces in the state are complying with safety and health as well as water standards.
Some legislative schemes govern over Victoria building work are:
Building work is quite a big investment for homeowners and a big opportunity for building practitioners, so the Building Act was created to give both parties some level of protection.
Homeowners are protected by this legislation because under the Building Act:
In addition to the Building Act, a remake of its amendments were put into effect in 2018 to ensure that the home building laws reflect current practices and reduce any unnecessary red tape for the building industry.
The changes specified in Building Regulations 2018 were meant to add more appropriate protection for building practitioners and plumbers and to require homeowners to act promptly and immediately lodge complaints when defects are discovered.
The Building Act regulates a number of matters and here are some of them:
A building dispute happens when one party in a contract fails or is perceived to fail in complying with their legal or contractual obligations to another party.
The Building Act covers details that can come up when a building dispute occurs.
A construction defect is a result of failing to comply with the building standards set in the Act and any other performance requirements stated in the National Construction Code.
In case of a building defect, the Building Act 1993 (VIC) allows a homeowner to write a written direction that instructs the builder to fix building work where:
This written direction could be also contested by the building practitioner, especially if the direction is given to the Building Appeals Board.
These construction defects are believed to likely result in:
In terms of building dispute resolution, the Building Act states that Domestic Building Dispute Resolution Victoria will first attempt to negotiate a suitable outcome between the homeowner and the building practitioner.
Should mediation and negotiation by building practitioners such as building surveyors be unsuccessful, the homeowner could explore other options and this includes dispute resolution by the involvement of the Victorian Civil and Administrative Tribunal (VCAT) or other Victorian courts.
Our construction lawyer in Melbourne specializes in building law and may be asked for legal advice when a building dispute occurs.
These building problems can be frustrating and confusing to clients, so our construction experts in Melbourne could also deal with construction contract and residential building disputes cases in Victoria day in and day out. We are experienced in investigating and reviewing all possible factors that contribute to your situation. Rest assured that you will be getting the right legal advice.
We work very hard to guide you on the most practical and cost-efficient dispute resolution processes for our clients. As your trusted construction lawyer, we aim to guide through the process and avoid any confusion. The Contracts Specialist team in Melbourne has the technical experience and know-how on how to deal with a variety of legal issues. We have acted on behalf of homeowners, building practitioners, plumbers and developers in a variety of building disputes in the DBDRV, VCAT and the Courts. We aim to get you the outcome you deserve so that you can move forward on the things that are more important to you.
If you’re in a situation, give us a call. It will cost you nothing to know where you stand legally so get in touch with us today.
A home owner using the HIA Victorian New Homes Contract may refer to said contract to address delays in the construction of their home. Read on to see which specific clauses are relevant in resolving dispute arising from delays.
What should a home owner do if they discover defects in their domestic building project? The HIA Victorian New Homes Contract (2020 edition) prescribes your rights to have your builder rectify building defects. The HIA contract outlines the step-by-step process that home owners must follow to escalate and resolve disputes.
Variations are a common source of domestic building disputes in Victoria. Find out all you need to know about variations and how to go about resolving disputes that arise from the same.
