DOMESTIC BUILDING CONTRACTS ACT 1995

Victorian Consolidated Legislation

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DOMESTIC BUILDING CONTRACTS ACT 1995

No. 91 of 1995
Version incorporating amendments as at 12 February 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objects of the Act
5. Building work to which this Act applies
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

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
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. Builder must not enter into a contract unless registered
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-CONCILIATION OF DISPUTES

43A. Definitions
43B. Making a complaint
43C. Conciliation
43D. Powers of the Director to institute and defend proceedings
43E. Proceedings and costs
43F. Director may ask for inspector to be appointed

PART 4-INSPECTORS

44. Party to dispute may ask for inspector to examine building
works
45. Appointment of inspectors
46. Inspector has right to enter building site
47. Inspector may conduct tests
48. Reporting the results of an inspection
49. Effect of complying with an inspector's recommendations
50. Inspector's report and evidence may be used by any party

PART 5-FUNCTIONS OF TRIBUNAL

Division 1-Repealed

51, 52. Repealed

Division 2-What can the tribunal do?
Subdivision 1-Domestic building disputes

53. Settlement of building disputes
54. What is a domestic building dispute?
55. Who can ask the Tribunal to resolve a building dispute?
56. Repealed
57. Tribunal to be chiefly responsible for resolving domestic
building disputes
58. Tribunal may hear dispute while contract still in operation
59. Tribunal may hear dispute regardless of related criminal proceedings
Subdivision 2-Disputes involving insurance claims and insurers' decisions
59A. Disputes concerning insurance claims
60. Tribunal may review and change an insurer's decision
61. Who can ask the Tribunal to review an insurer's decision?
62. Tribunal may make decision if an insurer fails to make it in
time
63. Repealed
Subdivision 3-Repealed
64-67. Repealed
Subdivision 4-Miscellaneous matters
68. Exemptions from owner-builder restrictions on sale

Divisions 3-9-Repealed

69-121. Repealed

PART 6-GENERAL

122. Publication of directions
123. Additional functions of the Director
123A. Director may provide information to the Commission
124. Domestic Builders Fund
124A. Application of provisions of Fair Trading Act 1999.
125. Infringement notice
126. Repealed
127. Further proceedings concerning infringement notices
128. Continuing offences-default penalty
129. Repealed
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
PARST 7-9-Repealed
136-169. Repealed
__________________
SCHEDULE 1-Repealed
SCHEDULE 2-Offences for which infringement notices may be
served
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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