General information only, not legal advice. Thresholds and timeframes can change, so confirm the current rules with Consumer Affairs Victoria or a Victorian building lawyer for your situation.
What you are protected by
Implied warranties on all work
Under the Domestic Building Contracts Act 1995 your builder must work in a proper and workmanlike way, use suitable new materials, comply with the law, take reasonable care and skill, and finish by the agreed date. These apply to all domestic building work, whatever it cost and even without a written contract.
A 10-year window to act
Under the Building Act 1993 you can bring a building action for up to 10 years from the date of the occupancy permit (or completion). The warranties run with the building, so they transfer to the next owner if you sell within that time.
Domestic Building Insurance (DBI)
DBI is required on work over $16,000 (rising to $20,000 for contracts signed on or after 1 July 2026). It is last-resort cover of up to $300,000 if the builder dies, disappears or becomes insolvent, covering structural defects for 6 years and non-structural defects for 2 years.
Defects liability (maintenance) period
Most contracts include a maintenance period, commonly around 3 months (90 days) after handover, to list and have minor defects like shrinkage cracks, settling and sticking doors rectified. It sits on top of, and is shorter than, your statutory warranties.
Builders cannot contract out
A clause that tries to remove or limit your statutory implied warranties is unenforceable. Those rights stay with you no matter what the contract says.
If you find a defect after handover
1. Document the defect
Take dated photos and write a clear, specific list: what it is, where it is, and when you noticed it. Good records are the difference between a quick fix and a long dispute.
2. Report it to the builder in writing
Email the list during the maintenance period and reference the relevant warranty. Keep every reply. Give the builder a reasonable opportunity to come back and rectify.
3. Escalate to free DBDRV conciliation
If the builder ignores you or refuses, lodge with Domestic Building Dispute Resolution Victoria. It is free, and in Victoria it is usually the required step before VCAT. See our builder complaints guide for the full path.
4. Claim on DBI if the builder is gone
If the builder has died, disappeared or become insolvent and the work is defective or incomplete, claim on the Domestic Building Insurance policy through VMIA, subject to the policy limits and timeframes.
Where to get help
Consumer Affairs Victoria
Implied warranties, defects and your rights after handover.
VMIA (Domestic Building Insurance)
Claim on your builder's DBI policy if they die, disappear or become insolvent.
Warranty and after-handover questions
Your statutory implied warranties can be enforced through a building action for up to 10 years from the occupancy permit or completion, under the Building Act 1993. Domestic Building Insurance separately covers structural defects for 6 years and non-structural defects for 2 years. The contract maintenance period is much shorter, commonly around 90 days.
Related reading: builder complaints and VBA disputes, what to check in your building contract, and how to choose a vetted Melbourne builder.
Get matched with the right builder for your build
A 3-minute questionnaire on budget, block type and build style. We shortlist Adelaide partner builders that fit, and hand you a comparison table. No pushy calls, no commitment.
- Under 3 minutes. 8 quick questions, no email required to see results.
- Ranked shortlist. Match score, price band, and where each builder actually builds.
- Independent. Editorial layer over paid ranking. Builders can't buy their way to the top.