If you are a homeowner, or a commercial building owner, and are having a dispute with someone who has done building work on your property or created building plans for your property, you can get help to resolve it.
If you have an issue with someone who you hired to do building work for you (such as a builder, contractor or designer), follow these steps to resolve the issue.
When you have a problem or concern about building work completed on or for your property, the first thing you should do is tell the person who you hired to do the work about your concerns. It is best to do this in writing as well as in person or over the phone.
When writing your letter:
Allow 2 weeks for them to fix the problem, or offer you a solution you think is fair. Hopefully, you will be able to agree on an outcome.
If you are still not happy, you can you can make a complaint to your nearest Queensland Building and Construction Commission (QBCC) office. The QBCC may be able to assist with:
QBCC will try to work with you and the person who carried out the building work to resolve the problem. If they can’t help you to come to an agreement, they may visit your home to inspect the building work.
If an inspection occurs, the QBCC representative will:
If the builder or contractor doesn’t fix the work, QBCC may:
If you are not happy with the result of the QBCC’s dispute resolution process, you can contact the Queensland Civil and Administrative Tribunal (QCAT).
Should you dispute the decision made by the QBCC, you can apply for a hearing with QCAT.
QCAT will only accept to hear your dispute if it is about:
To apply to have your dispute heard by QCAT, complete an application form and submit it in person or by mail following the instructions on the form. If possible, you should attach an expert’s report to your application (to support your case). All supportive documents need to be originals, or copies witnessed by a Justice of the Peace, commissioner for declarations, or lawyer.
Once QCAT reviews your application, they will contact you and explain the next steps for your case.
QCAT will also contact the other person in the dispute. They can then fill out a Response and/or counter application form to submit their side of the story.
QCAT will come to a final decision about your dispute after hearing all of the details. If QCAT decides that the person who completed the building work did not do a satisfactory job, QCAT’s decision will outline how they need to fix the situation. If they do not comply with QCAT’s decision, you can then take them to court.
See going to court for more information.
Contact QCAT if you have a dispute with someone else related to the building of your property, but not a builder, such as: