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
- 11 Limit on amount of deposit
- 12 Contract for more than one sort of work must identify the domestic building work
- 13 Restrictions on cost plus contracts
- 13A Effect of GST clauses on certain contracts
- 14 Arbitration clauses prohibited
- 15 Restrictions concerning cost escalation clauses
- 16 Builder must not seek more than the contract price
Division 3--Provisions concerning building sites
- 17 Restrictions on builders' control of building sites
- 18 Contract does not entitle builder to put caveat on the title of building site land
- 19 Access to building site
Division 4--Provisions concerning prime cost items or provisional sums
- 20 Warranty concerning provisional sums[7]
- 21 Requirements concerning prime cost item and provisional sum estimates
- 22 Details of prime cost items and provisional sums must be set out in writing
- 23 Builder must supply evidence of cost of prime cost items and provisional sums
Division 5--Other matters
- 24 Builder may exclude certain items from contract price
- 25 Builder must give copy of contract to building owner
- 26 Builder must supply copies of relevant reports etc.
- 27 Effect of payments and non-payments to builders
- 28 Fixtures and fittings are included in contract price
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
PART 3A--OFFENCES RELATED TO MAJOR DOMESTIC BUILDING CONTRACTS AND DOMESTIC BUILDING INSURANCE
- 43A Definition
- 43B Offence for builder to demand or receive money under major domestic building contract without ensuring that work is covered by domestic building insurance
PART 4--DOMESTIC BUILDING WORK DISPUTES
Division 1--Preliminary
- 44 What is a domestic building work dispute?
Division 2--Referral of domestic building work disputes
- 45 Referral of domestic building work dispute to chief dispute resolution officer
- 45A Initial assessment of referral
- 45B Powers of conciliation officer in making assessment
- 45BA Withdrawal of referral
- 45C Acceptance or rejection of referral
- 45D Where more than one matter referred
- 45E Notice of decision
- 45F Certificate of conciliation—dispute not suitable for conciliation
- 45G Withdrawal of referral or matter referred
Division 3--Conciliation of domestic building work disputes
- 46 Referral of dispute to conciliation officer
- 46AA Powers of conciliation officer
- 46A How may conciliation be conducted?
- 46B Conciliation rules
- 46C Statements made during conciliation
- 46E Certificate of conciliation—dispute accepted for conciliation
- 46F Record of agreement if dispute resolved by conciliation
- 46G Notice of failure to comply with conciliated agreement
- 46H Notice of non-compliance with conciliated agreement
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
- 48 Who may be appointed as an assessor?
- 48A Functions of assessor
- 48B Directions to assessor
- 48BA Protection against liability for assessors
- 48C Request to chief dispute resolution officer for assessor
- 48D Assessor may enter building site
- 48E Powers in relation to examination of work
- 48F Power to require production of documents
- 48G Refusal or failure to comply with requirement
- 48H Protection against self-incrimination
- 48I Offence to hinder or obstruct assessor
- 48J Assessor may conduct tests and obtain expert advice
- 48K Costs to be paid by non-participating party
- 48L Agreement of requesting party required for test or expert advice
- 48M Requesting party liable for costs
- 48N Recovery of costs
- 48O Reporting the results of an examination
- 48P Report if building work not defective or incomplete
- 48Q Report if building work defective or incomplete
- 48R Report of non-compliance with building legislation
- 48S Effect of complying with assessor's recommendations
- 48T Assessor's report admissible in evidence
Division 6--Dispute resolution orders
- 49 When can a dispute resolution order be issued?
- 49A Matters to be considered by chief dispute resolution officer before issuing dispute resolution order
- 49B What can a dispute resolution order require?
- 49C Requirements for the payment of money
- 49D Dispute resolution order may include findings
- 49E Effect of complying with dispute resolution order
- 49F Notice to insurer
- 49G Payment out of Domestic Building Dispute Resolution Victoria Trust Fund
- 49H Decision by chief dispute resolution officer on own volition
- 49I Cancellation of dispute resolution order on failure to comply with order
- 49J Request to amend or cancel dispute resolution order
- 49K Powers of chief dispute resolution officer in considering amending or cancelling dispute resolution order
- 49L Decision of chief dispute resolution officer on request
- 49M Matters to be considered in deciding on request
- 49N Amendment or cancellation of other relevant dispute resolution orders
- 49O Notice of decision of chief dispute resolution officer
- 49P Notice of compliance with work under dispute resolution order
- 49Q Notice of compliance with payment under dispute resolution order
- 49R Notice of failure to rectify or complete work
- 49S Chief dispute resolution officer to direct assessor to examine work
- 49T Chief dispute resolution officer may extend period for compliance
- 49U Breach of dispute resolution order notice
- 49V Cancellation of breach of dispute resolution order notice
- 49W Right of building owner to end domestic building contract
- 49X Right of builder to end domestic building contract
Division 7--Powers of Director in relation to domestic building work dispute proceedings
Division 8--Domestic Building Dispute Resolution Victoria Trust Fund
- 51 Establishment of Domestic Building Dispute Resolution Victoria Trust Fund
- 51A Parties may agree to pay amounts into and out of Domestic Building Dispute Resolution Victoria Trust Fund
- 51B Director may pay amounts out of Domestic Building Dispute Resolution Victoria Trust Fund on the recommendation of the chief dispute resolution officer
Division 9--Domestic Building Dispute Resolution Victoria
- 52 Domestic Building Dispute Resolution Victoria
- 52A Composition
- 52B Functions of Domestic Building Dispute Resolution Victoria
- 52C Appointment of chief dispute resolution officer
- 52D Functions of chief dispute resolution officer
- 52E Appointment of conciliation officers
- 52F Delegation
- 52H Protection against liability for conciliation officers
- 52I Confidentiality
PART 5--VCAT JURISDICTION
Division 2--Proceedings before VCAT
- 53 Settlement of building disputes
- 54 What is a domestic building dispute?
- 55 Who can ask VCAT to resolve a domestic building dispute?
- 56 Certificate of conciliation required to bring proceeding in VCAT to resolve domestic building work dispute
- 57 VCAT to be chiefly responsible for resolving domestic building disputes
- 57A Certain actions not to proceed in a court without certificate of conciliation or leave
- 58 VCAT may hear disputes while contract still in operation
- 59 VCAT may hear dispute regardless of related criminal proceedings
- 59A Disputes concerning insurance claims
- 60 VCAT may review and change an insurer's decision
- 61 Who can ask VCAT to review an insurer's decision?
- 62 VCAT may make decision if an insurer fails to make it in time
- 63 Application for review of decision to issue or amend dispute resolution order
- 64 Effect of withdrawal of application for review
- 65 Application for review of decision to pay money out of Domestic Building Dispute Resolution Victoria Trust Fund
- 66 Application for review of decision to issue breach of dispute resolution order notice
- 67 Application by building owner for order following ending of domestic building contract
- 67A Application by builder for order following ending of domestic building contract
- 68 Exemptions from owner-builder restrictions on sale
PART 6--GENERAL
- 122 Publication of directions
- 123 Additional functions of the Director
- 123A Director may provide information to the Authority
- 124 Domestic Builders Fund
- 124A Application of provisions of Australian Consumer Law and Fair Trading Act 2012
- 125 Infringement notice
- 127 Further proceedings concerning infringement notices
- 128 Continuing offences—default penalty
- 130 Offences by partners
- 131 Time limit for criminal proceedings
- 132 Contracting out of this Act prohibited
- 133 Effect of failure to comply with a requirement of this Act
- 134 Supreme Court—limitation of jurisdiction
- 135 Regulations
- 136 Transitional provisions