Roof Still Leaking? How to Get Your Money Back From a Roofer (Australia 2026)

Last updated 27 October 2026 · Reviewed by the Claim Done team · Not legal advice

Can you get your money back from a roofer?

Usually, yes. Roof repairs, re-roofing, restoration and gutter work on your home are services “of a kind ordinarily acquired for personal, domestic or household use”, so you are covered by the Australian Consumer Law (ACL) whatever the price (s 3(3)). The roofer guarantees:

• Due care and skill (s 60): flashings sealed, tiles bedded and pointed properly, screws and fixings right, no cracked tiles left from walking on the roof.
• Fit for your purpose, or able to achieve your result (s 61): if you hired them to stop a leak over the kitchen, the work must reasonably be expected to achieve that.
• A reasonable time (s 62) where no date was agreed. A roof left open under tarps for weeks is a problem in its own right.

The remedies:

• A minor, fixable failure, such as one lifted flashing: you require the roofer to fix it within a reasonable time; if they refuse or delay, you can have another roofer fix it and recover “all reasonable costs”, or cancel (s 267(2)).
• A major failure: cancel and recover what you paid for work you didn’t get (ss 267(3)(a), 269(3)), or keep the work and claim the drop in its value (s 267(3)(b)). A failure is major if a reasonable person who knew about it wouldn’t have paid for the work, if the work is substantially unfit and can’t easily be fixed in a reasonable time, or if it “creates an unsafe situation” (s 268(1)). Several failures together can also be a major failure (s 268(2)): a roof with leaks in three places after a “full restoration” is a good candidate.
• Water damage: stained or collapsed ceilings, wet insulation, ruined carpet and furniture. These are reasonably foreseeable losses you can claim on top (s 267(4)).

“It was the storm, not us.” Roofers often say this. The law gives a supplier a defence where a failure happened only because of “a cause independent of human control that occurred after the services were supplied” (s 267(1)(c)(ii)). But that defence does not apply to the due care and skill guarantee. If the flashing was never sealed properly, a storm just revealed the poor work. Ask a second roofer to say in writing whether the leak comes from the original work or from new storm damage.

A “no warranty on roof leaks” clause doesn’t remove these rights: terms that exclude or limit the guarantees are void (s 64).

The most common problems with roofers

1. Still leaking after the repair. The most common complaint. Ask for a free return visit in writing; if they don’t fix it, claim another roofer’s costs and the water damage.
2. Door-knocker after a storm. A “storm chaser” points at damage, offers a cheap fix and wants cash or a deposit today. You can usually cancel within 10 business days and they can’t take payment in that time (see below).
3. Took a deposit and never came. Cancel in writing and claim the deposit back as money paid for services not supplied (s 269(3)). Check whether the deposit was above your state’s legal limit.
4. “Roof restoration” that didn’t last. Coating peeling within months, broken tiles painted over, ridge capping not re-pointed. Claim the cost of redoing it properly.
5. Damage caused on the roof. Cracked tiles from foot traffic, damaged gutters, debris through the ceiling. That is a failure of due care and skill.
6. Wrong materials. Different tiles from those agreed, or sheeting, screws or flashing that don’t suit the roof. Claim the cost to put it right.
7. Gutters and downpipes that overflow or leak. New gutters with the wrong fall or unsealed joints. In Victoria and NSW this can be licensed roof plumbing work.
8. Price went up mid-job. “We found more rotten battens.” Extra work needs your agreement; ask for an itemised bill, which must be free and given within 7 days (s 101).
9. Unlicensed for the job. Above the state limits, and for metal roof plumbing in Victoria at any value needing a compliance certificate, the roofer needs a licence.

Is roofing building work? Licences, warranties and dispute rules by state

In most states, repairing or replacing a roof on a home counts as home building work. That brings in licensing, deposit limits, statutory building warranties that can last up to six years, and, in some states, a compulsory building dispute step before the tribunal.

New South Wales

Roof repairs, re-roofing, roof tiling and roof plumbing on a home are “residential building work” (Home Building Act 1989 Sch 1 cl 2). Roof plumbing covers guttering, downpipes, roof flashing and roof coverings, but not roof coverings of non-metallic tiles, slate, glass, concrete, timber or membranes. Roofing is not “specialist work”, so a contractor licence (roof plumbing, roof tiling or roof slating) is needed when labour and materials exceed $5,000. The deposit limit is 10% (s 8). Roofs and waterproofing are “major elements”, so a defect that stops the home being used, or threatens collapse, carries the 6-year warranty for major defects; other defects carry 2 years (s 18E). The NSW Government warns that after a natural disaster “affected consumers are highly vulnerable and need to be wary of unlicensed tradespeople”, that there are no licensing exemptions for emergency work, and that the 10% deposit limit still applies. Before NCAT will hear a home building claim, Building Commission NSW must generally have investigated it (s 48J); call 13 27 00.

Victoria

Victoria treats much roofing as plumbing. “Roofing (stormwater) work” is a licensed class of plumbing work covering “any roof covering or roof flashing, or any part of a roof drainage system involved in the collection or disposal of stormwater” (Plumbing Regulations 2018 regs 10, 12, 25). It excludes roof coverings of non-metallic tiles, timber, concrete, glass, bitumen or slate, and cleaning and painting work. So metal roofing, flashings, gutters and downpipes need a licensed or registered plumber, while tile work does not. A roof repair is “repair of a home”, which is domestic building work (Domestic Building Contracts Act 1995 s 5). Registration with the Building and Plumbing Commission is needed if the job exceeds $10,000 including labour and materials. Deposits are capped at 10% under $20,000 and 5% from $20,000 (s 11). Before VCAT will hear a domestic building dispute, the BPC’s free dispute resolution service must issue a certificate (s 56). A contract for plumbing work only, such as a gutter-only job, is outside that Act (Domestic Building Contracts Regulations 2017 reg 7) and goes straight to VCAT’s goods and services list.

Queensland

Queensland has dedicated QBCC licence classes for roof tiling, roof and wall cladding, and metal fascias and gutters (QBCC Regulation 2018 Sch 2). Work over $3,300 needs a licence of the right class (QBCC Act s 42; QBCC Regulation Sch 1 s 2), and an unlicensed contractor generally has no right to be paid for that work (s 42(3)). For a domestic building contract over $3,300 the deposit is capped at 10% under $20,000 and 5% from $20,000 (Sch 1B s 33). Statutory warranties run 6 years for a structural defect and 1 year for other defects (Sch 1B s 29). You must go through the QBCC’s dispute process before QCAT can hear a building dispute (s 77(2)); QBCC can direct a licensee to rectify defective work. Call 139 333.

Other states and territories

• ACT: roofers are not licensed as a separate trade, but a licensed builder is needed for “building work”, which includes alterations and structural repairs. For residential building work of $12,000 or more, the roof (including weatherproofing) is a “structural element” with a 6-year warranty. Since 10 July 2026 an owner can give written notice to fix defects within 2 years of completion, which creates a presumption that the work is defective (Building Act 2004 s 89F).
• WA: the Building Commissioner (Building and Energy) accepts complaints about home building work contracts valued between $7,500 and $500,000, generally within six years of completion. You must give the roofer a notice of proposed complaint at least 14 days before lodging.
• SA: CBS names “roof restoration” as a typical door-to-door service and reminds you of the 10 business day cooling-off. For building work of $20,000 or more, a written contract is required and the deposit is capped at 5%. CBS can call a compulsory conciliation conference.
• TAS: for residential building work of $20,000 or more, the Residential Building Work Contracts and Dispute Resolution Act 2016 gives statutory warranties, with 6 years from practical completion to bring proceedings (s 32), and disputes go to TASCAT. Smaller jobs go to the Magistrates Court.

Storm chasers and door-to-door roofers

If a roofer came to your door, or phoned, without being invited and you agreed to work of more than $100, it is likely an “unsolicited consumer agreement” (ACL s 69). Agreeing that someone can “come and have a look and give a quote” is not an invitation to negotiate (s 69(2)). The rules:

• Calling hours. Not before 9 am, not after 6 pm (5 pm Saturday), and not at all on Sundays or public holidays (s 73). They must leave immediately if you ask (s 75).
• 10 business days to cancel. You can cancel orally or in writing within 10 business days, even if the job is done (s 82). If they broke the rules on hours, identity or leaving, the period is 3 months; if they broke the paperwork rules or the payment ban, 6 months.
• No work and no payment for 10 business days. They must not start work, or take or ask for any payment, in that period (s 86). Work done in breach is treated as unsolicited services, and you are “not liable to make any payment” for it (s 42).
• Refund on cancellation. They must refund what you paid immediately (s 84).

The emergency exception. After an “earthquake, fire, flood, storm or similar event” where a state of emergency has been declared for your area, an emergency repair contract for urgent work to fix a hazard, protect people or prevent substantial damage can go ahead without the 10-day wait, but only if the business holds any licence the work legally needs (Competition and Consumer Regulations reg 88). An unlicensed storm chaser doesn’t get the benefit of the exception.

What you can claim from a roofer

• The reasonable cost of another roofer fixing or finishing the job, after the first refused or failed (s 267(2)(b)(i)).
• A refund of money paid for work not done, including a deposit, when you cancel (s 269(3)), or a full refund under a cancelled door-to-door agreement (s 84).
• Compensation for the drop in value of the work, for a major failure you live with (s 267(3)(b)).
• Water damage and other foreseeable loss: ceiling and plaster repairs, insulation, carpet and furniture, mould treatment, tarping and emergency make-safe costs (s 267(4)).
• Any overcharge above the agreed quote.

Example (round numbers, for illustration only): a roofer charges $3,800 to fix a leak around a skylight and re-point the ridge capping. At the next heavy rain, the ceiling stains again in the same spot. The roofer says it’s “new storm damage” and won’t come back. A second roofer finds the skylight flashing was never sealed, fixes it for $1,200 and puts that in writing. The ceiling repair is $1,600 and carpet drying costs $300. Your claim: $1,200 + $1,600 + $300 = $3,100. The ridge capping was done properly, so you don’t claim back the original $3,800.

Evidence to gather

1. The quote and any contract: what was to be fixed, the materials, the price and the dates.
2. Proof of payment, including any deposit, and the date you paid it.
3. For a door-knocker: the day and time they called, what they said, and any paperwork or cancellation notice they gave you.
4. Photos and video of the roof before and after the work if you have them, and of each leak and stain with the date. Note the dates of heavy rain.
5. A written report from a second roofer saying where the water is getting in and whether it comes from the original work or new damage.
6. Quotes or invoices for fixing the roof and repairing the water damage.
7. The roofer’s licence or registration number and a dated screenshot of the register, and any compliance certificate for roof plumbing work.
8. Your messages asking them to come back, and their replies.
9. The business’s legal name and ABN from ABN Lookup.

How to get your money back: 5 steps

Step 1: Tell the roofer in writing what went wrong and what you want

If water is coming in, protect your home first: tarp it if you safely can, or get a roofer to make it safe, and keep the receipt. Then write to the original roofer: what they did and when, where it now leaks, and what you want: a free fix by a date, a refund of $X, or payment of another roofer’s invoice and the damage. For a door-to-door agreement, also say clearly that you cancel it. Keep a copy. Our guide on how to write a letter of demand explains what to include, and the get your money back hub covers other businesses.

Step 2: No answer, a refusal or a runaround? Send a formal demand

Our Consumer Guarantee Letter sets out the services guarantees, why a storm doesn’t excuse poor workmanship, the roofer’s liability for water damage (s 267(4)), the amount and a 14-day deadline. It’s the letter a tribunal expects to see before you file. If the dispute is only about the price, the Overcharge and Invoice Dispute letter ($49) fits better; the general Letter of Demand ($49) covers anything else. If a builder’s larger renovation including the roof was left unfinished, see our abandoned renovation letter.

Send a Consumer Guarantee Letter – $49

Step 3: Complain to the building or consumer regulator

For roofing on a home, the building regulator is usually the right first stop, and in NSW, Victoria and Queensland its dispute process is a step you generally need before the tribunal. Attach your letter.

• NSW: Building Commission NSW, 13 27 00, home building dispute resolution.
• VIC: Building and Plumbing Commission, 1300 067 088, free dispute resolution; Consumer Affairs Victoria, 1300 55 81 81, for door-to-door and contract issues.
• QLD: QBCC, 139 333, defective work.
• ACT: Access Canberra, 13 22 81, get help with a consumer issue.
• NT: NT Consumer Affairs, 1800 019 319 or 08 8999 1999, conciliation request.
• WA: Building and Energy, building dispute resolution; Consumer Protection, 1300 30 40 54.
• SA: Consumer and Business Services, 131 882, disputes with a builder or tradesperson.
• TAS: Building Standards Tasmania, 1300 654 499, resolving a building dispute.

Step 4: Still unpaid? Send the final demand

The final demand quotes your first letter, the roofer’s response or silence, and the regulator’s reference or dispute outcome, and sets a last date before you file. In South Australia the courts expect a final notice and a 21-day wait before filing.

Send the final demand – $49

Step 5: Take it to the tribunal or court in the roofer’s state

File in the state where the roofing business is (see the table below). In NSW the claim goes to NCAT’s home building list; in Victoria to VCAT once you have the BPC certificate (or directly for a gutter-only plumbing job); in Queensland to QCAT after the QBCC process. In WA, SA and Tasmania you file a court claim at the Magistrates Court, or TASCAT for a Tasmanian residential building contract of $20,000 or more. The second roofer’s report on the cause of the leak is usually your most important document; our Hearing Bundle ($97) puts it with your photos and quotes in the order a tribunal expects.

Prepare your tribunal application – $97

In WA, SA and Tasmania the same product prepares your court claim.

Where your claim goes in each state

The claim goes to the forum in the state where the roofer’s business is.

If the roofer is a sole trader living in another state. Storm chasers often travel. NCAT (NSW) and VCAT (VIC) cannot decide a dispute between residents of different states where the other side is an individual (Burns v Corbett [2018] HCA 15), so in those states the claim goes to a court. QCAT in Queensland is a court of a State (Owen v Menzies [2012] QCA 170) and is not affected. Claims against a company are not affected. ABN Lookup shows which you are dealing with. In WA, the Building Commissioner likewise can’t deal with a complaint where both parties are individuals and one lives in another state.

After you win: getting paid

If the roofer doesn’t pay after the order, it can be enforced: in most states it is registered or filed with the court and enforced as a judgment, through a garnishee order on their bank account or on money their customers owe them, seizure and sale of property, or an examination of their finances under oath. In NSW a contractor’s licence is automatically suspended if they don’t pay a tribunal or court order on a building claim (Home Building Act s 42A), and that suspension is also a trigger for a claim on the Home Building Compensation Fund where the job had cover.

Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.

Enforce your order – $97

Enforce your order – $97

Questions people ask

My roof still leaks after the repair. Can I get my money back?

Often, yes. Ask the roofer in writing to come back and fix it free by a set date. If they refuse or don’t come, you can get another roofer and claim the reasonable cost, plus water damage (ACL s 267). Our Consumer Guarantee Letter sets out that demand with a 14-day deadline.

The roofer says the new leak is storm damage. Who’s right?

Get a second roofer’s written opinion on where the water is coming in. A supplier isn’t liable for failures caused only by an outside event after the work, but that defence doesn’t apply to work done without due care and skill (s 267(1)(c)). Unsealed flashing that a storm exposes is still the roofer’s fault.

A roofer knocked on my door after a storm and I paid a deposit. Can I cancel?

Usually yes, within 10 business days, by telling them orally or in writing (ACL s 82). They weren’t allowed to take any payment in that period (s 86) and must refund you immediately (s 84). The exception for declared emergencies only covers urgent work by a properly licensed business.

Is a door-to-door roof restoration deal legal?

It can be, if the seller follows the rules: calling only within permitted hours (not Sundays or public holidays, not before 9 am or after 6 pm), giving you the cancellation information and paperwork, leaving when asked, and not starting or taking payment for 10 business days. If they broke the rules, your cancellation period stretches to 3 or 6 months.

Does a roofer need a licence?

Often. In NSW, roofing work over $5,000 needs a licence. In Queensland, roofing over $3,300 needs a QBCC licence in the right class. In Victoria, metal roofing, flashings and gutters are plumbing work needing a licensed or registered plumber, and roofing jobs over $10,000 need a practitioner registered with the Building and Plumbing Commission. The ACT doesn’t license roofers separately.

How much deposit can a roofer ask for?

It depends on the state and the size of the job. NSW caps deposits at 10% of the price for residential building work. In Victoria and Queensland it’s 10% for jobs under $20,000 and 5% from $20,000. In South Australia it’s 5% for building contracts of $20,000 or more. A door-to-door roofer can’t take any payment for the first 10 business days.

How long does a roof repair warranty last?

The consumer guarantees last a reasonable time and can’t be excluded. State building warranties add fixed periods: in NSW 2 years for most defects and 6 years for a major defect (roofs are a major element); in Queensland 1 year, or 6 years for a structural defect; in the ACT 6 years for roof work on jobs of $12,000 or more.

The roofer cracked tiles while working. Can I claim?

Yes. Damage caused while working is a failure of due care and skill (s 60), and the repair cost, plus any water damage that follows, is a foreseeable loss (s 267(4)). Photograph the cracked tiles from the roof or with a drone if it’s safe, and get a written quote to replace them.

The roofer took a deposit and never turned up. What can I do?

Cancel the contract in writing and demand the deposit back by a set date: money paid for services you didn’t receive can be recovered (s 269(3)). If the deposit was above your state’s limit, say so. If they don’t pay, send our Consumer Guarantee Letter, then file a claim.

Do I have to use a building dispute service before the tribunal?

In NSW, Victoria and Queensland, generally yes for roofing on a home. NCAT needs Building Commission NSW to have investigated first; VCAT needs a certificate from the Building and Plumbing Commission; QCAT needs you to have used the QBCC process. NSW makes an exception when your time limit is about to run out.

Can I claim the cost of tarping and emergency repairs?

Yes, if they were needed because of the roofer’s faulty work. Reasonable costs of stopping water getting in and protecting your belongings are foreseeable losses (s 267(4)). Keep receipts, take photos before and after, and tell the original roofer in writing that you had to arrange it.

Sources

All sources checked 19 October 2026.

• Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law): ss 3, 42, 60-64, 69-86, 101, 267-269
• Competition and Consumer Regulations 2010: reg 88 (emergency repair contracts)
• Home Building Act 1989 (NSW); NSW Government: Emergency repairs; NSW Government: Categories of work
• Plumbing Regulations 2018 (Vic); Domestic Building Contracts Act 1995 (Vic); Victoria: Registered building practitioners; Building and Plumbing Commission: Dispute resolution
• QBCC Act 1991 (Qld); QBCC Regulation 2018 (Qld); QBCC: Defective work
• Building Act 2004 (ACT); Building (General) Regulation 2008 (ACT)
• WA Building and Energy: Building dispute resolution
• CBS: Building, extending and renovating a home (January 2025)
• Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas)
• NCAT fees, VCAT fees, QCAT fees, ACAT fees, NTCAT fees, WA Magistrates Court fees, SA Magistrates Court fees, Tasmanian Magistrates Court fees

Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.