As of 26 April 2017, a new regime for resolving domestic building disputes takes effect in Victoria.
A new government body, known as Domestic Building Dispute Resolution Victoria (DBDRV), has been established with the aim of reducing the time and cost associated with domestic building disputes.
Both building owners and builders will be able to apply to DBDRV to access free conciliation services. Parties must participate in this process before they can apply to Victorian Civil and Administrative Tribunal (VCAT) to have domestic building disputes resolved.
Who does this apply to?
You may be eligible to use DBDRV’s services if you are in dispute over domestic building work and you are a:
- builder
- building owner
- architect or sub-contractor
In addition, your dispute must:
- relate to residential (domestic) building works
- include the building owner as one of the parties to the dispute; and
- not currently be or previously have been the subject of VCAT proceedings
What does it involve?
From 26 April 2016, eligible parties can apply to the DBDRV to access its services. An officer at the DBDRV will assess each application to ensure it is appropriate for conciliation.
The officer can:
- speak to both parties and attempt to resolve the dispute at an early stage;
- recommend that both parties attend a formal conciliation conference;
- arrange for a building assessor to inspect the building works; and
- make binding determinations, including requiring one party to pay money to another party, requiring a builder to complete work or rectify defects.
What if the DBDRV does not resolve my dispute?
If a dispute is not resolved at the DBDRV, the dispute officer can issue a certificate to the parties, allowing them to apply to VCAT. From 26 April 2017, parties must receive such a certificate before they can file an application with VCAT.
Alternatively, if a party disagrees with a determination of the DBDRV, they can request that VCAT review the decision.
How do I lodge a dispute?
Parties will be able to lodge a dispute online on the DBDRV website or over the phone.
If you would like more information about these changes or advice on lodging a dispute, please contact Robinson Gill.
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