Defects Notice to Your Builder
Your builder finished the job but the work is defective, leaking, cracking or not to code, and they won't come back to fix it? A formal defects notice for home owners under your state's home building law: a numbered defect schedule (where, what, and the warranty it breaches), an invitation to inspect, firm dates to fix the work or pay what it costs to fix, and the regulator complaint and tribunal claim that follow if they don't. You approve it before it is sent.
What this document does
- A formal defects notice for home owners under your state's home building law: a numbered defect schedule (where, what, and the warranty it breaches), an invitation to inspect, firm dates to fix the work or pay what it costs to fix, and the regulator complaint and tribunal claim that follow if they don't.
- You approve it before it is sent.
- Records the facts that matter on paper: builder / contractor (and licence no.), completion / handover date, contract date, contract price.
- Sets a clear deadline and spells out what happens if they ignore it.
- Cites the right Act, regulator and tribunal for your state — all eight states and territories covered.
- You review the draft first; we only send it to the other party on your say-so.
What we'll ask you
Plain-English questions, one at a time. No legal knowledge needed — if you don't know an answer exactly, your best estimate is fine.
- Who's the builder or contractor? The business name on your contract, plus their licence or registration number if you have it.
- Tell me what happened — what work was contracted, what's wrong with it, and what the builder has said when you raised it.
- Is the building a house or unit that people live in (residential)?
- When did you sign the building contract?
- What was the contract price?
- When was the work completed or handed over? (The date the builder said it was finished, the final invoice, or the occupation certificate, which is the council or private certifier sign-off that the building can be used — whichever you have.)
- List each defect: what it is, where it is, and when you first noticed it. One per line.
- When did you tell the builder about the defects, and how?
- Do you have a building inspector or engineer's report, or quotes from another builder to fix it? Who, when, and the amounts.optional
- How much will it cost to fix everything properly? Use the quote if you have one, or your best estimate.
- By when should the builder fix the work?optional
- Do you have the builder's email? We can serve the notice on them once you approve it.optional
- You approve it before it is sent
- 2 free amendments included
- All Australian states and territories
- Stripe secured · 256-bit encrypted
Your building defects claim: the regulator and tribunal in your state
Each state and territory has its own home building law and building regulator. We only ever name the regulator and the tribunal or court for your state.
New South Wales
Home Building Act 1989 (NSW): s 18B statutory warranties (due care and skill, good and suitable materials, compliance with law, completion within time, fit for habitation, fit for the specified purpose) implied into every residential building contract.
Building regulator: Building Commission NSW
Tribunal: NSW Civil and Administrative Tribunal (NCAT), home building (after the Building Commission NSW step)
Victoria
Domestic Building Contracts Act 1995 (Vic): s 8 implied warranties (work carried out in a proper and workmanlike manner and in accordance with the plans and specifications; good and suitable new…
Building regulator: Building and Plumbing Commission (dispute resolution service)
Tribunal: VCAT, with a certificate of conciliation (s 56, Domestic Building Contracts Act 1995)
Queensland
Queensland Building and Construction Commission Act 1991 (Qld), Schedule 1B Part 4 — statutory warranties for domestic building contracts.
Building regulator: Queensland Building and Construction Commission (QBCC)
Tribunal: QCAT, domestic building dispute (after the QBCC process)
Western Australia
Home Building Contracts Act 1991 (WA) applies to home building work contracts priced over $7,500 and under $500,000.
Building regulator: Building Commissioner, Building and Energy (after a Notice of proposed complaint)
Tribunal: State Administrative Tribunal (SAT), on referral from the Building Commissioner or review of an order
Money claims: Magistrates Court of Western Australia, when the Commissioner or SAT is not dealing with it
South Australia
Building Work Contractors Act 1995 (SA): s 32 statutory warranties implied into every domestic building work contract — work performed in a proper manner to accepted trade standards and in accordance with the plans and specifications, good and proper materials, compliance with all statutory requirements, and (where the owner made the purpose known) fitness for purpose.
Building regulator: Consumer and Business Services (CBS), building disputes
Money claims: Magistrates Court of South Australia
Tasmania
Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas).
Building regulator: Director of Building Control (CBOS), notice of dispute and mediation
Tribunal: TASCAT, Civil and Consumer stream (after the notice of dispute; contracts of $20,000 or more)
Money claims: Magistrates Court of Tasmania (Civil Division)
Australian Capital Territory
Building Act 2004 (ACT): s 88 statutory warranties apply to work on a residential building that needs building approval and costs $12,000 or more (the ACT Government says they exclude structures that cannot be lived in, such as swimming pools, driveways and fences, and work by a licensed owner-builder).
Building regulator: Access Canberra
Tribunal: ACT Civil and Administrative Tribunal (ACAT)
Northern Territory
Building Act 1993 (NT), Part 5A: s 54B(1) consumer guarantees apply to prescribed residential building work (a new home, a duplex or townhouse, a unit in a complex of up to three storeys, and an addition or extension to one of them worth over $25,000 that increases the floor area; the threshold was $12,000 for fidelity fund certificates issued before 30 March 2026).
Building disputes: NT Consumer Affairs; Commissioner of Residential Building Disputes (fidelity fund work)
Tribunal or court: NTCAT up to $25,000; Local Court up to $250,000
From your answers to a finished Defects Notice to Your Builder in three steps
Answer 12 quick questions
Who it’s about, what happened and what you want. Plain English, one question at a time.
We draft it for your state
Your Defects Notice to Your Builder is drafted to the legislation, regulator and tribunal for your state or territory, then formatted as a professional PDF. Usually ready within about five minutes.
Review, approve, sent
The draft lands in your dashboard for you to check. Nothing goes to the other party until you approve it — then we email it on your behalf and record the delivery. Two free amendments included.
Ready? Start now.
No card required until the end. No account needed to start.
Start My Defects Notice to Your Builder — $79 →$79 flat fee · You approve it before it is sent · unlimited edits
Everything about the Defects Notice to Your Builder
How much does the Defects Notice to Your Builder cost?
A flat $79 AUD, including GST. There is no card required to start, no subscription and no hourly rate — you see the full summary of your answers before you pay.
How long does it take?
There are 12 questions, which take a few minutes to answer. After you pay, your draft is usually ready in about 5 minutes, and you can read it and request changes before you approve it.
Is it sent automatically, or do I see it first?
You see it first. The draft lands in your dashboard for review; nothing goes to the other party until you approve it. Once you approve, we email it on your behalf and record the delivery.
What if I need changes?
You read the full Defects Notice to Your Builder on your dashboard before anything is sent. You can change the wording yourself or ask for a redraft, with unlimited edits and 2 redrafts included.
Does it work in my state?
Yes. The Defects Notice to Your Builder is drafted to the law of the state or territory the matter is in — NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT — citing the right Act, regulator and tribunal or court for that state.
Read up before you send
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Put it in writing today.
A few quick questions and your Defects Notice to Your Builder is drafted for your state. No card required until the end.
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