The Guide to resolving residential building works issues (pdf, 8.1 MB) has been created to help owners resolve disputes.
Resolving building problems
When building or renovating things may not always go to plan, but, you can take steps to resolve your issues.
- Talk about it
- Write a letter
- Talk to your Surveyor
- Contact CBOS
Talk about it
You should notify the licence holder undertaking the work of your concerns. Identifying the problems with the licence holder and giving them the ability to fix them is the best first step.
Write a letter about it
If talking is not successful, write a letter or email to the licence holder with the details of your issues. Give the licence holder a reasonable time frame (e.g. 14 days) to respond and rectify the issues.
Talk to your Surveyor and Permit Authority
If you are unable to solve the problem with the licence holder, you should speak to the Building Surveyor. A Building Surveyor may be able to issue a written direction, and if needed, a notice and order, to fix defective building work. Surveyors may also refer the matter to your local Permit Authority.
CBOS may be able to provide further information surrounding resolving a building dispute. You can contact CBOS by submitting an online contact form, by email at CBOSinfo@justice.tas.gov.au or by contacting us on 1300 654 499.
Timeframes that may affect your complaint
To find out about timeframes may apply to your issue, see the Guide to resolving residential building works issues. If you cannot view the guide you can contact CBOS to gain a copy by email CBOSinfo@justice.tas.gov.au or phone on 1300 654 499.
Residential building work
Owners and building services providers have a range of protections under the Residential Building Work Contracts and Dispute Resolution Act 2016 (the Act). The Act aims to help resolve disputes and improve building work contracts worth $20,000 or more.
Residential building work includes:
- new houses
- repairs, and
- conversions of non-habitable buildings, such as; a shipping container or a barn, into a residential buildings.
Certain public or commercial buildings are not covered by the Act. These include:
- units above three storeys
- bed and breakfast accommodations
- caravans, and
- cabin parks.
Licensed building services provider
Make sure the building services provider doing the building work is licensed. You can find building services provider licences using the CBOS online licence search.
Some building work, such as, concreting, painting, and paving, do not need a licence in Tasmania. In this situation check the person doing the work has experience.
It is important that you select and engage the Building Surveyor. Your Building Surveyor remains involved in your building project until it is complete.
They inspect the work at certain stages to ensure the builder is building to the approved plans. They also check the approved plans and work meet the National Construction Code and Australian Standards.
A residential building work contract is an agreement between owners and a building services provider. The contract is a document which details the building work that is to be done. It also outlines the rights and responsibilities of the owner and the builder. All contracts must be in writing, dated and signed by both parties.
The contract must also include:
- The names of the owner and the building services provider
- The building services provider’s licence details and number
- All terms that are agreed between the parties
- A description of the building work, including plans, drawings and specifications
- The contract price or an estimate and the method of calculating the price. This must include any prime cost items and provisional sums allowances
- The practical completion date or the method for estimating the practical completion date
- A list of the statutory warranties that apply
There are standard residential building work contracts, otherwise known as “standard form contracts”. These are available from many sources including builders and industry bodies. If you use one of these contracts, make sure you read and understand all terms and conditions. Check the contract lists everything that has been agreed.
There is a minimum cooling-off period of five business days for all residential building work contracts.
If you are unsure about any part of the contract, you may wish to seek legal advice before signing. However, seeking legal advice affects your right to withdraw from the contract during the cooling-off period.
Residential building consumer guide
Builders are required to provide a copy of the Residential Building Consumer Guide. (PDF, 2.2 MB) The guide and a copy of the signed contract, is to be provided to the owner, within five business days of signing. It contains information about owners and builders rights and responsibilities.
Building services providers must give a range of warranties in a contract. These warranties apply even if they are not written into the contract. They are called statutory warranties and state that:
- All materials supplied will be suitable and of good quality
- All materials supplied are new, unless stated in the contract
- The work will follow all relevant laws and legal requirements
- The work will be carried out, with care and skill
- Work will be done in accordance with all plans and specifications, as set out in the contract
- The home or dwelling will be suitable for occupation once completed (if applicable)
- Any provisional or estimated costs are calculated with care and skill. They must take into account all information available at the time
Statutory warranties last for six years from the date of practical completion. They transfer to new owners if the property is sold, until the end of the original time period. Statutory warranties also apply to work completed by owner builders.
To make a claim that a building contract has not met these warranties, it must be lodged, with the courts, within the six year period.
Guide to standards and tolerances
The Guide to Standards and Tolerances (pdf, 4.8 MB) is a guide to acceptable standards of workmanship.
This guide has been developed to:
- Support the mediation and adjudication process
- Help prevent disputes and provide quality work
- Provide standards to help assess building work in the adjudication process
- Clarify quality and standards that are not addressed in legislation, policy, or standards Guide to Standards and Tolerances (pdf, 4.8 MB)
Claim for payment
Building services providers and building material suppliers have the option to make a claim for payment. This claim is made under the Building and Construction Industry Security of Payment Act 2009 (the Act). To do so they will add the following statement to their invoice:
‘This is a payment claim under the Building and Construction Industry Security of Payment Act 2009.’
This shows that they are seeking payment or written reasons for non-payment. This is due within 10 business days (or 20 business days if the receiver of the invoice is a residential home owner).
Where there is a dispute the building services provider may apply for adjudication. This is done through a nominating authority who appoints an adjudicator to assess the dispute.