Victoria's Rectification Order Regime Is Not What Homeowners Were Promised
I don’t normally comment on matters that touch on politics, however, I need to make an exception today!
As someone who acts every day for Victorian property owners in building disputes and insurance claims, I think this needs to be said.
For months Victorians were promised sweeping building reforms.
The headline reform was Rectification Orders from 1 July 2026.
The promise was defective work would be fixed sooner, homeowners would avoid years of litigation.
After all the hype, the Ministerial Direction just released makes it apparent that these orders will be reserved for certain cases only - this really is the old system with a potential opportunity for rectification order.
The truth is as I see it, the Building and Plumbing Commission don’t have the resources or funding to properly deal with building defect disputes and issue rectification orders across the board.
These disputes are complex, costly and require expert evidence. There are competing opinions on the cause of defects and the scope of works to rectify. Plus, rectification works need to be checked and certified as well. I certainly know that this is not simple. I always had my concerns as to how this new system would work for all.
The reality is that the panacea we were promised is…well, like Emperor has stepped out and he has no pants on!
My clients are owners with leaking roofs, failed waterproofing, defective balconies and other common defects and will probably still end up at VCAT, waiting for an outcome.
The difference now is that they will first have a fight at the BPC as to whether their case is significant enough to be awarded an RO.
Meanwhile, Victoria continues one of the largest infrastructure construction programs in the country. Senior barrister Geoffrey Watson SC has publicly raised serious concerns about integrity within parts of the construction sector with allegations of up to $15,000,000,000 in building industry waste!
Victorians should be angry and should be asking why substantial funding is not going to the regulator and VCAT to address delays.
These reforms looked good on paper, but it seems they are already being wound back.
I act for clients with catastrophic building failures. Water pouring into homes. Structural movement. Failed waterproofing. Projects abandoned. Families living through years of stress while disputes crawl through the system.
I have built a property damage legal service that is focused on efficiency and navigating the complex system to get RECOVERY!
Unfortunately, it appears the system just got another complexity…
I genuinely hope more is done for the sake of every Victorian homeowner and that starts with funding and resourcing.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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