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DOMESTIC BUILDING CONTRACTS ACT 1995

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purpose  
  • 2 Commencement  
  • 3 Definitions  
  • 4 Objects of the Act  
  • 5 Building work to which this Act applies[1]  
  • 6 Building work to which this Act does not apply  
  • 7 This Act binds the Crown  

PART 2--PROVISIONS THAT APPLY TO ALL DOMESTIC BUILDING CONTRACTS

Division 1--General warranties[3]

  • 8 Implied warranties concerning all domestic building work  
  • 9 Warranties to run with the building  
  • 10 Person cannot sign away a right to take advantage of a warranty  

Division 2--Restrictions applying to the nature and contents of contracts

Division 3--Provisions concerning building sites

Division 4--Provisions concerning prime cost items or provisional sums

Division 5--Other matters

PART 3--PROVISIONS THAT ONLY APPLY TO MAJOR DOMESTIC BUILDING CONTRACTS

Division 1--Provisions that apply before a contract is signed

  • 29 Person must not enter into contract unless registered  
  • 29A Contract information statement  
  • 30 Builder must obtain information concerning foundations  

Division 2--What contracts must, and must not, contain

  • 31 General contents etc. of a contract  
  • 32 Builder must make allowance for delays in time estimates  
  • 33 Contract must contain warning if price likely to vary  

Division 3--Cooling-off period after signing a contract

  • 34 Building owner may end a contract within 5 days without penalty  
  • 35 Building owner may withdraw from a contract if cooling-off warning not given  

Division 4--Provisions applying after the contract is signed

  • 36 Builder must give copy of other documents to building owner  
  • 37 Variation of plans or specifications—by builder  
  • 38 Variation of plans or specifications—by building owner  
  • 39 Effect of a variation on the contract price  
  • 40 Limits on progress payments  

Division 5--End of the contract

  • 41 Ending a contract if completion time or cost blows out for unforeseeable reasons  
  • 42 When work is to be considered to have been completed  

Division 6--Other matters

  • 43 Requirements concerning display home contracts  

PART 3A--OFFENCES RELATED TO MAJOR DOMESTIC BUILDING CONTRACTS AND DOMESTIC BUILDING INSURANCE

PART 4--DOMESTIC BUILDING WORK DISPUTES

Division 1--Preliminary

Division 2--Referral of domestic building work disputes

Division 3--Conciliation of domestic building work disputes

Division 4--Requirement to stop domestic building work

  • 47 Application of Division  
  • 47A Requirement to stop domestic building work  
  • 47B Extension or cancellation of stop work notice  
  • 47C Effect of stop work notice  
  • 47D Builder must comply with stop work notice  

Division 5--Assessment of domestic building work

Division 6--Dispute resolution orders

Division 7--Powers of Director in relation to domestic building work dispute proceedings

  • 50 Powers of Director to institute and defend proceedings  
  • 50A Proceedings and costs  

Division 8--Domestic Building Dispute Resolution Victoria Trust Fund

Division 9--Domestic Building Dispute Resolution Victoria

PART 5--VCAT JURISDICTION

Division 2--Proceedings before VCAT

PART 6--GENERAL

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