Victorian Current Acts

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45

    (1)     A party to a domestic building work dispute (the  referring party ) may refer the dispute to the chief dispute resolution officer.

    (2)     A referral of a domestic building work dispute must—

S. 45(2)(a) amended by No. 47/2019 s. 6(1).

        (a)     be in writing in a form (if any) approved by the chief dispute resolution officer; and

        (b)     be signed by the referring party or the referring party's representative; and

S. 45(2)(c) amended by No. 47/2019 s. 6(2).

        (c)     identify any other party to the dispute and that party's contact details; and

        (d)     identify the relevant domestic building contract; and

        (e)     specify the particulars of the dispute.

    (3)     A domestic building work dispute must be referred to the chief dispute resolution officer within—

        (a)     10 years after the date of issue under the Building Act 1993 of the occupancy permit in relation to the domestic building work (whether or not the occupancy permit is subsequently cancelled or varied); or

        (b)     if an occupancy permit is not issued, 10 years after the date of issue under Part 4 of the Building Act 1993 of the certificate of final inspection for the domestic building work; or

        (c)     if neither an occupancy permit nor a certificate of final inspection is issued or required in relation to the domestic building work, 10 years after the date of practical completion of the domestic building work; or

        (d)     if neither an occupancy permit nor a certificate of final inspection is issued or required in relation to the domestic building work and a date of practical completion cannot be ascertained, 10 years after the domestic building contract was entered into.

    (4)     It is to be presumed (unless an earlier date of practical completion can be ascertained) that the date of practical completion of domestic building work was the earlier of the following dates that can be ascertained for the work—

        (a)     the date on which the builder handed over possession of the work to the building owner;

        (b)     the date on which the builder last attended the building site to carry out work (other than work to remedy any defect that does not affect practical completion).

    (5)     A party may not refer a domestic building work dispute under this section if proceedings in relation to the matter in dispute have commenced in VCAT or in a court.

    (6)     In this section—

"date of practical completion", in relation to domestic building work, means the date when the domestic building work is completed except for any omissions or defects that do not prevent the domestic building work from being reasonably capable of being used for its intended purpose.

S. 45A inserted by No. 15/2016 s. 6.