Earlier in the week I got a call from a client who wanted to know whether they should file a building defect claim now or wait for the new legislative changes
After all the new changes are being hyped up as the new Great thing!
Anyway - Good question!
Them: Well, first - what’s the real difference?
Us: First, we don’t know all the details of how the system will work but the BPC will have power to order rectification by the builder.
Them: Ow no, I don’t want that builder anywhere near my property again. They are not capable. That’s why I have this problem.
Us: well, the new regime doesn’t immediately require a rectification order but it could be ordered.
Them: I can’t have that. That builder carrying out work under some unknown building permit and that building surveyor checking the work…
Us: Well, actually there is no requirement for a building permit under a rectification order and we don’t know how the scope will be set or how it will be monitored…i.e. traditional regulatory oversight…
Them: WOW! really!!!! This is open slather…what’s the other option.
Us: File now as normal and then pursue at VCAT or County Court (if you have a federal/Cth claim). The current way. In fact, with time limits and insurance both DBI and professional indemnity of professionals there are risks delaying any claim…
Them: let’s get our claim moving…
Now here we are. A new regime. But how will it work. The builder coming back under a rectification order is a very significant change for our system and there is no requirement for a building permit and the regulatory requirements that follow…We can only wait to see how this all plays out in practice.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Recent articles
-
Building and Plumbing Commission Review Jurisdiction: What Builders Need to Know and How It Impacts You
-
Building Defect Disputes: What Apartment Owners and Owners Corporations Need to Know About Making a Claim and The Crucial Role Of A Specialist Construction Lawyer
-
Victoria is overhauling building law, why is plumbing insurance still being ignored?
The new Building and Plumbing Administration and Enforcement Bill 2026 still has no changes to plumbing insurance. The Licensed Plumbers General Insurance Order 2002 is failing consumers and plumbers.
-
Oppressive conduct, what meets the threshold under s232?
Oppression claims get thrown around a lot in director disputes. The Skytraders case is a solid reminder of what the threshold actually requires and where allegations fall short.