Review of a decision about building work

You can seek a review of some decisions made as part of the Domestic Building Dispute Resolution Victoria (DBDRV) process or by Victoria Building Authority (VBA).

DBDRV decisions we can review

Apply to VCAT to review:

  • a decision to issue or amend a dispute resolution order
  • a decision to issue a notice of breach of dispute resolution order
  • a failure to issue a certificate of conciliation A form of alternative dispute resolution. The parties negotiate with the help of an independent person. The aim is to sort out the dispute by agreement. within 10 business days of written notice being given to the parties of the decision to reject the referral
  • a failure to issue a certificate of conciliation within 20 business days of notice being given that the dispute was not resolved at conciliation
  • a decision to pay money out of the Domestic Building Dispute Resolution Victoria Trust Fund.

Time limits

If you are seeking a review of a decision to issue or amend a dispute resolution order or notice of breach of dispute resolution order, you must apply within 20 business days of you receiving the decision or from the date you received a statement of reasons (or were informed it would not be given).

If you are seeking a review of a decision to issue a notice of breach of dispute resolution order, you must apply within 20 business days of the date for the parties to make submissions specified in the notice that the dispute was not resolved at conciliation.

If you are seeking a review of a decision to pay money out of the Domestic Building Dispute Resolution Victoria Trust Fund, you must apply within 10 business days of you receiving written notice of the decision.

VCAT has the power to extend these time limits in some circumstances, you can apply for a time extension as part of your application.

Required documents

If you are a home owner or builder seeking a review of DBDRV's decision to issue or amend a dispute resolution order, you must provide a copy of the dispute resolution order.

If you are a home owner or builder contesting DBDRV's decision to issue a notice of breach of dispute resolution order, you must provide a copy of the notice.

If you are challenging a decision to pay money out of the Domestic Building Dispute Resolution Victoria Trust Fund, you need to provide a copy of the decision.

Apply for a review of a DBDRV decision

Complete Review of a decision – Application to the Building and Property List.

Victoria Building Authority decisions we can review

You can apply to VCAT to:

  • have a plumbing rectification notice issued by Victoria Building Authority (VBA) cancelled
  • have a plumbing order issued by VBA cancelled
  • review a VBA decision to appoint a manager for a private building surveyor's business or review the conditions of that appointment.

If you are seeking to have a plumbing rectification notice cancelled, you must apply within 5 business days of receiving the plumbing rectification notice and attach a copy of the notice to your application.

If you are seeking to have a plumbing order cancelled, you must apply within 15 business days of receiving the decision and attach a copy of the order to your application.

If you are seeking a review of a VBA decision to appoint a manager for a private building surveyor's business or the conditions of that appointment, you must apply within 7 days of receiving notice of the appointment.

VCAT has the power to extend these time limits in some circumstances. You can apply for a time extension as part of your application.

Complete Review of a decision – Application to the Building and Property List.

If you are seeking a review of any other decision by the Victorian Building Authority, make a Review and Regulation application.

Other decisions we can review

If you are instead seeking a review of a decision of a warranty insurer, complete an Application to Building and Property List (Building).

What can VCAT order?

Unless the relevant Act of Parliament gives us different powers, VCAT can:

  • affirm the original decision, in which case the original decision will stand
  • vary the decision
  • set aside the original decision and substitute our own decision
  • set aside the decision and remit (send back) to the decision maker A person who makes or has made a decision under legislation that gives them this authority. for reconsideration with our directions or recommendations
  • invite the decision-maker to reconsider their decision at any time during the case.

When reviewing a decision to issue or amend a dispute resolution order, VCAT can also make any decision it considers fair in relation to the domestic building contract to which the dispute relates including:

  • varying any term of the domestic building contract, including the completion date, the contract price, a provisional sum or the amounts to be paid for a prime cost item
  • declare void any unjust terms of the domestic building contract or otherwise vary the domestic building contract to avoid injustice.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

You do not have to have legal or other professional representation to appear at VCAT. In many cases in the Building and Property List A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. all parties are represented by agreement. If you are represented by a legal or other professional representative, we will only communicate with them.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. Learn more about applying for confidentiality.

If you need assistance at VCAT (including interpreters, hearing The time and place at which VCAT hears the parties argue their case and makes a decision. loop, video or telephone links or family violence support) please tell us as early as possible so we can support you. Learn more about customer support at VCAT.

Legislation that applies to this case