When your dreams literally crumble

With the recent collapse of Watersun Homes and Watersun Constructions, much has been written about what options home owners have when there are defective works, incomplete builds and dodgy operators leaving people homeless, cash-strapped and confused as to their rights.

Amendments to the Domestic Building Contracts Act 1995 introduced a new regime into the domestic building sphere in Victoria. “Domestic Building Dispute Resolution Victoria” launched on 26 April 2017 and now provides a compulsory conciliation service in domestic building matters before parties can institute proceedings in the Building and Construction List at VCAT. This new entity replaces Building Advice and Conciliation Victoria.

The service is available to both builders and home owners and has power to make binding orders. Any claims must be made within 10 years of the certificate of occupancy issuing.

There are some exceptions, where claims can be taken directly to VCAT and those are:
• attaching external fixtures
• electrical work
• glazing
• installing floor coverings
• insulating
• painting or plastering
• tiling (wall and floor)
• gas fitting
• erecting a chain wire fence to enclose a tennis court
• erecting a mast, pole, antenna, aerial or similar structure.

The conciliation service is free and parties are encouraged to be self-represented. Lawyers are only permitted to be involved with leave of the conciliation office.

Conciliation officers have powers to order parties to pay, order defective works to be completed and to have technical assessors undertake inspections. Staff at the service include conciliation officers, technical assessors, lawyers and the Chief Dispute Resolution Officer.

Applications are done online and the website is straightforward and user friendly.
https://www.dbdrv.vic.gov.au/

Of course, anyone who is dealing with a builder who has gone under, should contact the VMIA, the insurer for builders
https://www.vmia.vic.gov.au/insure/domestic-building-insurance