Before you apply
We’re here to help resolve domestic building disputes, but before you apply you must take reasonable steps to sort out the issue with the other party first.
If you haven’t tried to resolve the dispute directly, your application may not be accepted for conciliation.
If you need further advice, view our Tips to help you resolve your dispute page.
Step 1: Apply
Check the eligibility criteria, and if eligible complete and submit the application form.
After you submit your application, you will receive a dispute reference number and confirmation email attaching your completed application form along with information about next steps.
Step 2: Jurisdiction check
Once your application is received, we will evaluate whether your dispute is covered by our service.
If your dispute is not within our jurisdiction, we will refer you to the most appropriate agency. If your dispute is within our jurisdiction, your application will undergo an initial assessment.
Step 3: Initial assessment
A Dispute Resolution Officer (DRO) will assess whether your dispute is suitable for conciliation. Your dispute will be assessed against criteria, including the steps that have already been taken to resolve the dispute and the likelihood that conciliation will help with resolution. The full suitability criteria can be found in section 45C(3) of the Domestic Building Contracts Act 1995.
During this step, the DRO will contact both parties to obtain further information.
If your application is not accepted
We will:
- notify both parties and explain your options
- provide both parties with a certificate of conciliation (dispute not suitable). This certificate is necessary if a party wishes to apply to VCAT.
If your application is accepted
We will:
- notify both parties and discuss next steps
- provide both parties with a notice of decision which outlines the applicant's stated reasons for the dispute.
Step 4: Prepare for conciliation
We will work with both parties to assess and understand the dispute and determine the best way forward.
All parties must attend conciliation, which will be facilitated by an experienced conciliator.
You may be asked to provide documents before the conciliation, including:
- your domestic building contract or agreement, and associated plans and specifications
- architectural and/or engineering drawings
- the building permit and plans
- records of any inspections undertaken by a building surveyor
- variation requests
- extension of time requests
- correspondence with the other party relevant to your dispute
- your occupancy permit (for newly built homes) or your certificate of final inspection (for renovations).
Step 5: Building assessment
As part of the dispute resolution process, we may organise an assessor to examine the disputed building work. Assessors determine whether domestic building work is defective or incomplete. They may also specify the cause of a defect and a timeframe for any work required to rectify or complete the building work.
When examining building work, our assessors must also consider whether there have been any contraventions of building legislation. If the assessor identifies any contraventions, the matter will be referred for compliance action.
The building work that will be assessed is determined by information provided by the parties. Prior to the assessment, both parties will be notified about the full list of issues that will be assessed. Not all issues raised may be suitable for assessment and additional items will not be considered on the day.
Only the parties previously notified should be present. It is important that all parties act respectfully throughout this process. Recordings of the assessment are not permitted.
During the assessment, the assessor will not advise whether they believe the disputed building work is defective or incomplete. The parties will receive a report after the assessment is complete. They have five business days to lodge any concerns with the reports findings.
There is no fee for an assessment, unless a party requests an assessment when the dispute has been rejected or the dispute was not resolved by conciliation.
Step 6: Conciliation
The conciliation is facilitated by the conciliator and brings the parties together to discuss the issues in dispute, in a safe and confidential environment.
The conciliator will encourage understanding and communication between the parties and work with the parties to come up with ways to resolve the dispute.
Conciliations are held by video conference, telephone or at our office. On some occasions an assessor may be present. We will work with the parties to determine the most suitable option.
All parties with authority to resolve the dispute must attend conciliation. The parties may also request to bring a support person, interpreter or legal representative. We will consider these requests on a case-by-case basis.
If a party does not participate in conciliation
We expect the parties to participate in conciliation in good faith — that is, with an open mind and willingness to explore options to resolve the dispute. If you choose not to participate, we may do any of the following in your absence:
- appoint an assessor to conduct a building assessment of the issues in dispute
- issue a dispute resolution order, or
- issue a certificate stating that you failed to participate in conciliation.
Step 7: Possible outcomes of conciliation
Agreement
If the parties resolve their dispute, this will be documented in a formal record of agreement. The record of agreement will contain the actions and timelines agreed to by the parties. Each of the parties will be provided with a copy at the conclusion of the conciliation.
It is the responsibility of the parties to honour the terms of the record of agreement.
Dispute resolution order
If the parties either partially resolve their dispute or are unable to resolve their dispute, we may issue a binding dispute resolution order against one or both parties.
There are consequences for a party who does not comply with an order. For more information, view our Binding orders page.
Certificate of conciliation
If the parties are unable to resolve their dispute at the conciliation, we may issue the parties with a certificate of conciliation (dispute not resolved). The parties will then be entitled to make an application to VCAT.
For more information about all possible outcomes, view our Conciliation outcomes page.