Building

Domestic building dispute resolution

Posted on , updated on by Sharon Knight

Domestic Building Dispute Resolution Victoria (DBDRV) is an independent government agency that provides free services to help resolve domestic (residential) building disputes.

This service was established to resolve domestic building disputes without the cost and time often associated with courts and tribunals.

If you experience an issue during a residential building project, you need to try to resolve the dispute yourself – before you apply to DBDRV. This is a legislative requirement, so you will need some proof showing how you have tried to resolve the dispute. This may include notes from meetings or email records.

If you are unable to resolve the issue(s) during your initial meeting with the other party, i.e. owner or builder (or other parties), you must write to the other party outlining any remaining issues. In this letter, you must advise them of your next step, which might include lodging an application with DBDRV.

To begin resolving your dispute through DBDRV, simply visit their website and click on the “application” button.

You will be prompted with a range of questions about your domestic building dispute DBDRV will review your application and if you are eligible to use the services, then you will be allocated a file manager, who will familiarise themselves with your matter and decide which course of action is most appropriate in your dispute.  Please note that you need to be involved in the process in good faith and attempt to fully resolve the issues.

DBDRV will arrange a conciliation conference to see if the parties are able to mutually resolve their dispute. If the matter settles, then the Dispute Resolution Officer will present a draft order to the Chief Dispute Resolution Officer.

The Chief Dispute Resolution Officer has the power to issue binding dispute resolution orders and certificates.  Builders, please note that if the dispute involves any defective works, the Chief Dispute Resolution Officer will report them to the Victorian Building Authority after the conciliation process is completed.

Further information

If you are not eligible to use DBDRV, your next step, is to speak with us.

This article provides information that is general in nature and is not a substitute for legal advice.

Domestic Building Dispute Resolution Victoria (DBDRV): https://www.dbdrv.vic.gov.au/

Image credit: www.dbdrv.vic.gov.au/

You could go to jail for building without a building permit.

Posted on , updated on by Sharon Knight

Prior to 24 May 2017, if you build or make renovations to a property without the required building permits, you could be fined or asked to replace/demolish the building/addition, or both.

From 24 May 2017, section 16B of the Building Act (1993) has been amended to include new penalties.

Now, anyone who is in the business of building [including architects, landowners and builders] connected to a project the value of which exceeds the prescribed amount and that has no building permit, can face up to 5 years of jail, or fines of up to $109,044.00

A company associated with an illegal renovation [including demolition] can be fined up to $545.220.00

This amendment applies to any type of construction or alteration that requires a building permit to be obtained – which generally includes any major structural alteration, or a range of small jobs including adding a window, moving a wall, adding a pergola etc.

Implications for Landowners

A landowner is specifically prohibited from permitting building work to be done on their land without a building permit and/or in breach of the Act, the Regulations or the permit.

It is a defense for the land owner if a building practitioner or architect has been engaged to carry out the building work.

Implications for Builders and other professionals

Building practitioners and architects are specifically prohibited from carrying out building work without a building permit and/or in breach of the Act, the Regulations or the permit.

When engaged to carry out building work, building practitioners and architects must ensure that a building permit has been issued and is in force for that building work, and that the work complies with the Act, the regulations and the permit.

For more details – contact us, or click here for a fact sheet.