When does a building dispute go to VCAT?

What is this resource?

This resource provides information about when a building dispute might go to the Victorian Civil and Administrative Tribunal (VCAT).

Generally, most disputes must first be taken to Domestic Building Dispute Resolution Victoria (DBDRV), but you may be able to take your dispute to VCAT if you:

• have been through the Domestic Building Dispute Resolution Victoria (DBDRV) process;
• fit within one of the exceptions to the requirement that a matter must first go through the DBDRV process; or
• are responding to VCAT proceedings brought against them by their builder.

When can I take my dispute to VCAT? 

Before going to VCAT, you and your builder must first try to resolve your dispute at Domestic Building Dispute Resolution Victoria (DBDRV). DBDRV is a free conciliation service supported by expert building assessors. 

If your dispute fails to resolve at DBDRV, you will be issued a Certificate of Conciliation. You must attach your DBDRV Certificate of Conciliation to your VCAT application.

However, you can go straight to VCAT if your dispute falls within an exception. Bypass DBDRV if:

1. Your dispute is with a single tradesperson; or
2. You’re seeking an injunction from VCAT.

Find more information about resolving disputes at DBDRV in our ‘Domestic Building Dispute Resolution Victoria (DBDRV)‘ resource.

Can VCAT review my DBDRV decision?

As a homeowner, you can also go to VCAT to seek review of particular DBDRV decisions, called reviewable decisions.

This is not the same process as taking your domestic building dispute claim at VCAT. You will not need a Certificate of Conciliation to ask VCAT to review a reviewable decision.

What should I do if my builder applies to VCAT? 

As a homeowner, you may go to VCAT if your builder asks VCAT to hear a dispute against you. You will be the respondent when the building dispute is against you.

1. As the respondent, VCAT will notify you that a case has been opened by sending you a copy of the applicant’s application.  
2. Read the documents you receive from VCAT carefully. The correspondence from VCAT will explain next steps for you to take.
3. Sometimes, you will be required to send VCAT a response within a timeframe. This will be clearly stated in VCAT’s notice to you. You should file your response within the stated timeframe.

Get legal advice to understand documents from VCAT.

You can apply to the Domestic Building Legal Service and if you’re eligible, get a once-off one hour appointment with a lawyer.

What orders can VCAT make? 

If your matter doesn’t resolve before reaching the final hearing, VCAT will make a decision. VCAT’s decision is called an order. An order is a formal record of how the dispute is going to be resolved. VCAT’s instructions are legally binding. VCAT will give you the order on the day or send it to you after the hearing.

VCAT can make two kinds of orders: 

1. Monetary order: one party must pay another party money.
2. Non-monetary order: one party must do or not do something. For example, complete construction that has already commenced.

What can I do with VCAT orders? 

You and your builder must follow VCAT’s instructions. If you or your builder do not follow the order made by VCAT, it is up to you to enforce the order. To enforce the order, you must go through the courts. 

If you want to appeal a VCAT decision, you must apply to the Supreme Court of Victoria within 28 days of the decision being made.  

More information about appealing a VCAT decision to the Supreme Court of Victoria is available on the Supreme Court website.