Building & property disputes
We act in various types of property-related disputes including in relation to; leases, sale of land, boundary and neighbour disputes.
DBDRV and VCAT
When a domestic building dispute arises in Victoria, it may proceed to the Victorian Civil and Administrative Tribunal (VCAT) but only after a certificate is issued at the Domestic Building Dispute Resolution Victoria (DBDRV).
DBDRV is an independent government agency designed to resolve domestic building disputes between property owners and builders.
If you are considering making an application to DBDRV you should understand your legal rights before conciliation. Further, there may be opportunities to negotiate informally or there may be urgency to move swiftly from DBDRV to VCAT, for example if a time limit expiry is approaching.
VCAT hears a variety of building disputes in the Building and Property List. This covers disputes involving property owners, engineers, architects, surveyors, builders and subcontractors.
We can help you to find the right avenue through which to make your claim.
Water Act claims
BU Lawyers regularly act in Water Act claims. These relate to water travelling from one property to another and often relate to apartment complex disputes.
In Victoria, there is legislative protection in the Water Act 1989 (Vic) under section 16. Section 16(1) holds a person liable where this flow of water is “not reasonable” such that it causes property damage, personal injury or economic loss. If your property has suffered water damage in this way, we are able to assist you by taking your claim to the Victorian Civil and Administrative Tribunal.
If you have suffered property damage due to the flow of water, contact us today to discuss your potential claim.
Owners Corporations
In Victoria, owners corporations which are commonly referred to as a body corporate or strata corporations are governed under the Owners Corporation Act 2006 (Vic) and the Owners Corporations Regulations 2007. The legislation provides rules for a range of matters related to owners corporations. Including annual general meetings, procedures at meeting, committees and managers, insurance and various other areas.
If you own property which is part of a strata title you automatically become part of an owners corporation.
Under section 162 of the Act the Victorian Civil & Administrative Tribunal may hear and determine disputes related to owners corporations.
At BU Lawyers we understand strata, body corporate management and owners corporation matters. Since the Act was first introduced there has been an explosion in strata living in Victoria. There has also been many building defect issues, water problems and owners corporation disputes. These can be complicated due to the various parties involved and the issue of common property and lot owner property.
We act for lot owners, strata mangers, builders and other parties and we have deep understanding of the disputes and how to resolve them. We have acted in relation to many strata insurance matters, water ingress as well as in defect disputes.
Dispute process
With extensive experience in commercial, and building and construction law, we are committed to providing clear and effective legal solutions.
If you have a dispute or concerns with your property, contact us today
Book an appointmentTime limits apply
All legal cases have time limits to make a claim - do not delay!
Misinterpretation of building regulations
This can lead to incorrect assumptions about your rights and obligations specific to Victoria, potentially weakening your position in the dispute.
Inadequate documentation
Without legal expertise, you might overlook crucial pieces of evidence or fail to document issues properly.
Missed deadlines
Missing deadlines or making procedural errors can severely compromise your case, potentially leading to dismissal or unfavourable outcomes.
The complexity of Strata Law
Without expert legal advice, you might not fully understand the implications of these regulations on your dispute.
Insufficient negotiation skills
Without expert legal representation, you may struggle to negotiate effectively, potentially accepting unfavourable terms or missing opportunities for a beneficial settlement.
BU Lawyers
Choosing BU Lawyers to guide you through your building disputes brings you significant benefits
Expert navigation of building regulations
With BU Lawyers, you'll gain a clear understanding of Victoria's complex building regulations. We will ensure you have a strong foundation for your case.
Comprehensive evidence collection
We guide you through thorough documentation and evidence collection processes. Ensuring you gather all crucial pieces of evidence, and preserve important information.
Timely compliance
We ensure all deadlines are met and procedures are correctly followed, especially in forums like VCAT.
Experts in Strata law
We'll help you with the intricacies of strata law, reducing conflicts with other owners or the owners corporation.
Skilled negotiation
We can secure more favourable terms in settlements, often achieving better outcomes and potentially saving you time and money by avoiding prolonged litigation.
Recent articles about Property Disputes
-
Building law, duty of care and a tale of two cities comparing Melbourne and Sydney
Comparison of building law duty of care obligations between Victoria and NSW, examining how subsequent homeowners' rights to sue building professionals differ dramatically between Melbourne and Sydney.
-
Combustible cladding legal proceedings and recovery costs for building professionals
Analysis of Victorian combustible cladding recovery proceedings following State of Victoria v L.U. Simon Builders, examining exposure risks for architects, engineers, building surveyors and contractors in residential strata disputes.
-
Ahead of the election - getting homes built is a big issue
As Australia faces a housing crisis, the inadequacy of domestic building warranty insurance has emerged as a critical barrier to building sector confidence. This post examines the nationwide problems with the current system, including claims delays, litigation issues, and coverage caps, while highlighting calls for federal minimum standards to protect homeowners and support housing growth ahead of the upcoming election.
-
Building and insurance law legal update: State of Victoria v L.U. Simon Builders Pty Ltd [2025] VSCA 52
A landmark ruling by the Victorian Court of Appeal in State of Victoria v L.U. Simon Builders Pty Ltd has significantly strengthened the government's ability to recover cladding rectification costs from builders. The decision clarifies that the State can be subrogated to the rights of both owners corporations and individual lot owners when funding cladding removal, potentially opening the door for substantial recoveries across hundreds of affected buildings in Victoria.