In 2024 - 25 VCAT had over 2000 building defect applications

In 2024 - 25 VCAT had over 2000 building defect applications!!!

That’s after those applications have been through DBDRV. So there are many more to come under the new regime…

After 1 July 2026 we will see a new regime that denies builders in Victoria the legal right to make an apportionable claim under the Wrongs Act at the Building and Plumbing Commission.

What a disaster for Victorian builders!

I’ve got to call this out. What a mess. Barely any consultation before the ‘Buyer Protections’ legislation was rolled out and now this.

Now I can see it, builders are the BIG losers here. Not just the cowboys who are the real problem - this will see 10s of the 1000’s of applications to the Building and Plumbing Commission with the power to issue new rectification orders. But what if another party caused it, contributed or it was design error?!

Builders need to be ready to have effective procedures in place to deal and counter this new law.

Appeal rights and time limits…

If you do not agree with a decision there will be a right of effective appeal (called review) under “Section 75S Review by VCAT”.

The time limit to make an application for review to the VCAT will be very short, including from 28 days from the day on which the decision is made OR in certain circumstances 28 days after the person receives notice of the decision.

Plus, just because there is a new system we don’t rule out potential jurisdictional issues that have plagued VCAT in recent times such as if claimants are resident of another state OR commonwealth claims are alleged by owners or even in defences.

We recommend builders begin getting solid legal advice on the new regime and any claims.

Building Legislation Amendment Buyer Protections Act 2025

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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• building disputes