Before you accept a tradie’s quote, check whether it is a fixed quote or only an estimate, what is excluded, and the deposit. An accepted quote is a binding price; an estimate can change. Above your state’s threshold (from $3,300 in Queensland to $25,000 for new houses in the NT; the ACT has none) home building law requires a written contract and usually caps the deposit at 5% to 10%. Below it, regulator guidance is no more than about 10%. If you signed at home after asking only for a quote, a 10 business day cooling-off may apply. Our review is not legal advice.
Prepared by Claim Done from the Australian Consumer Law, the Competition and Consumer Regulations, each state’s home building legislation and the regulator pages listed under Sources. Last checked 8 November 2026. This page is for home owners and tenants hiring a tradesperson for a repair, a single trade or a small renovation. For a full home building contract, see our building contract guide.
Small home jobs at a glance, by state
| State | Written contract needed | Maximum deposit | Statutory cooling-off |
|---|---|---|---|
| NSW | Over $5,000 incl. GST (small job contract to $20,000) | 10% | 5 clear business days, over $20,000 only |
| VIC | Over $10,000 (exactly $10,000 is not). Single-trade contracts are outside the Act | 10% under $20,000; 5% at $20,000 or more, on any domestic building contract | 5 clear business days, over $10,000 |
| QLD | Over $3,300 | 10% under $20,000; 5% at $20,000 or more | 5 business days |
| WA | Over $7,500 and under $500,000 | 6.5% | None |
| SA | $20,000 or more (contracts from 10 Nov 2025); smaller jobs are “minor” work | 5% at $20,000 or more | 5 clear business days, not for minor work |
| TAS | $20,000 or more; related contracts are added together | 10% under $50,000; 5% at $50,000 or more | 5 business days, $20,000 or more |
| ACT | No written-contract law | No cap | None |
| NT | Only new houses of $25,000 or more | 5% (new houses only) | None |
Below these thresholds we found no state written-contract or deposit-cap rule, apart from Victoria’s deposit cap, which has no minimum job size. The Australian Consumer Law applies to every job. A door-to-door or phone sale has its own 10 business day cooling-off in every state (see below).
Quote vs estimate: what is the difference?
Consumer Protection WA puts it simply:
- A quote is “a total amount” that “forms a binding contract when accepted”.
- An estimate is “an approximate cost given before a firm quote and can change”. “The final cost may be higher or lower than estimate.”
- If the bill is higher than the quote: “If you cannot agree, you can refuse to pay the extra amount.”
Words that mean you do not have a fixed price include “estimate”, “approx”, “from”, “hourly”, “cost plus” and “time and materials”. If the document uses them, ask for a fixed price, or a written cap, before work starts. Giving a false or misleading representation about price is prohibited under the Australian Consumer Law (s 29(1)(i)).
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How much deposit should a builder or tradie ask for?
If the job is inside your state’s home building law, the deposit cap in the table applies:
- NSW: 10%, and any payment before work starts counts toward it, “irrespective of whether the payment is described as a deposit”.
- Victoria: “A builder must not demand or receive a deposit under a domestic building contract of more than” 10% for a price under $20,000, or 5% from $20,000 (Domestic Building Contracts Act s 11(1)). This applies to small jobs too, but not to single-trade contracts such as painting, tiling, plumbing or electrical work on their own. If it is breached you may be able to avoid the contract (s 11(3)).
- Queensland: 10% for jobs over $3,300 and under $20,000; 5% from $20,000. The QBCC says “A deposit isn’t required until you have signed a contract.”
- WA: “Builders are not allowed to ask for more than 6.5 per cent on building contracts valued between $7,500 and $500,000.”
- SA and Tasmania: no statutory cap for jobs under $20,000.
For smaller jobs, Consumer Protection WA’s guidance is a good rule anywhere: “Generally, you should only pay a small deposit of no more than 10 per cent of the total price”, and “Don’t pay the total amount before the job is completed.” Paying in full up front removes your main leverage if the job goes wrong.
Once you pay a deposit, the tradie must do the work within the agreed time, or a reasonable time if none was agreed (ACL s 36(4), (7)), unless the delay was beyond their control despite reasonable precautions.
Tradie quote red flags
- It says “estimate”, or prices by the hour, with no cap.
- No list of materials, or no brands and models. NSW guidance says check “the materials quoted are what you want, not substitutes”.
- Exclusions and allowances for things the job obviously needs: rubbish removal, permits, making good, or “contingencies” with no figure. The QBCC warns a low quote “could come with hidden costs or exclusions”.
- Call-out fees, after-hours or weekend rates that are not stated up front.
- A clause allowing “any additional work required” to be charged without your approval.
- A deposit over your state’s cap, or over about 10% for a small job, or full payment before the work.
- No start or finish date.
- “No warranty” or “30-day workmanship guarantee only” clauses that try to limit your consumer guarantee rights.
- A contract signed on the spot when you only asked for a quote, with work or payment wanted straight away.
- No licence number on a job above your state’s threshold.
Extra work and variations
Consumer Protection WA: “Tradespeople must get your permission to do extra work.” “They cannot do extra work first and ask for payment later.” You do not have to agree, but if you do agree you must pay the extra cost. NSW guidance says “All variations to the contract must be in writing and signed by both parties.” Inside the home building Acts, Victoria, Queensland and WA have their own written variation rules.
So the quote should say that extra work needs your written approval, with a price, before it starts.
Signed at home after asking for a quote? The 10 business day cooling-off
“An invitation merely to quote a price for a supply is not taken … to be an invitation to enter into negotiations” (ACL s 69(2)). So if you invited a tradie to quote and you signed at your home on the spot, the agreement can be an unsolicited consumer agreement if the total is over $100 or not yet known. The ACCC gives the example of a supplier measuring for blinds: if a sale is negotiated when the quote is given, “this would be an unsolicited consumer agreement.”
If it is one:
- You can cancel within 10 business days after the agreement was made, by oral or written notice (s 82). That extends to 3 or 6 months if the supplier broke certain rules.
- During those 10 business days the tradie must not supply the services or accept any payment (s 86(1)).
- The agreement must carry a front-page notice saying “You have a right to cancel this agreement within 10 business days”, with a termination form and the supplier’s name, ABN, street address and email (s 79).
- These rights cannot be waived (ss 89-90).
There is an exception for emergency repairs: where a state of emergency has been declared for a fire, flood, storm or similar event, the work is urgent, and the tradie holds any required licence (Competition and Consumer Regulations reg 88).
Your consumer guarantee rights on any job
Household repairs and renovations are consumer services at any price (ACL s 3(3)). The work must be done “with due care and skill” (s 60), be fit for any purpose or result you made known (s 61), and be done within a reasonable time if no time was fixed (s 62). Materials supplied must be of acceptable quality (s 54).
These guarantees cannot be excluded for household work: a term is void to the extent it tries (s 64). If the work fails, you can ask the tradie to fix it; if they refuse or take too long, you can have it fixed elsewhere and recover the reasonable cost (s 267(2)). For a major failure, such as work that “creates an unsafe situation”, you can cancel and get a refund for the unused part, or compensation (ss 267-269).
Bigger jobs: cooling-off and legal advice
For jobs above the thresholds, the home building cooling-off rights apply, but in Victoria, Queensland and Tasmania getting legal advice before signing can remove them. Queensland also lets the owner waive cooling-off on a repair contract. Our report is a plain-English review, not legal advice; do not describe it to the tradie as legal advice. The building contract guide sets out the rule in each state.
What our review checks
Upload the quote, estimate or terms and conditions, choose your state, and get a plain-English report written for the home owner, usually about 5 minutes after you pay. It:
- says whether you have a fixed quote or only an estimate, and what could change the price
- says whether the job is over your state’s threshold, and what that triggers: written contract, deposit cap, insurance and cooling-off
- lists what is included and every exclusion, allowance, call-out fee and after-hours rate
- checks the deposit against your state’s cap or the 10% guidance
- checks the extra-work clause, payment terms and dates
- flags signs of an unsolicited sale and what that means for payment and cancelling
- flags warranty exclusions and terms that may be unfair
- gives you the questions to ask before work starts
The report explains what the quote says and what the law provides. It is not legal advice. You decide whether to accept.
Get your tradie quote checked – $29
Questions people ask
What is the difference between a quote and an estimate?
A quote is a fixed total price that binds once you accept it; an estimate is an approximate cost that can change. Consumer Protection WA says the final cost “may be higher or lower than estimate”, and that if a bill is higher than the quote and you cannot agree, you can refuse to pay the extra.
How much deposit should a builder ask for?
It depends on your state and the job size. Inside the home building laws the caps are 10% in NSW, 6.5% in WA, 10% or 5% in Victoria and Queensland depending on price, and 5% in SA from $20,000. For small jobs, regulator guidance is no more than about 10%.
Can a tradie ask for full payment up front?
We found no rule against it for small jobs below the state thresholds, but it is risky. WA guidance says “Don’t pay the total amount before the job is completed.” Inside the home building laws, deposits are capped and, in most states, later payments must match work done.
Does a small job need a written contract?
Only above your state’s threshold: over $5,000 in NSW, over $10,000 in Victoria, over $3,300 in Queensland, over $7,500 in WA, and $20,000 or more in SA and Tasmania. The ACT has no written-contract law. Below the threshold, get the quote and any changes in writing anyway.
Can a tradie charge more than the quote?
Not without your agreement. An accepted quote is a binding price, and WA guidance says tradespeople must get your permission before doing extra work and cannot do it first and ask for payment later. If you agree to the extra work, you must pay for it.
Is there a cooling-off period on a tradie quote?
Only in two situations. Home building law gives one for larger jobs in NSW, Victoria, Queensland, SA and Tasmania. And if you signed at home after asking only for a quote, the 10 business day unsolicited consumer agreement cooling-off may apply in any state.
Can a tradie start work the same day I sign at home?
Not if it is an unsolicited consumer agreement. During the 10 business day cooling-off the tradie must not supply the services or take any payment, unless it is urgent work in a declared emergency by a licensed tradie.
Do painters, tilers and plumbers need a building contract in Victoria?
No, if the contract is for only that type of work. Victoria’s regulations take single-trade contracts such as painting, tiling, plumbing, electrical work, glazing and floor coverings outside the Domestic Building Contracts Act, including its deposit cap. The Australian Consumer Law still applies.
Can I split a job into smaller quotes to avoid the rules?
Not in Queensland or Tasmania. Splitting work into several contracts does not avoid the Queensland tiers, and Tasmania adds related contracts together when applying its $20,000 threshold.
Can a tradie exclude all warranties?
No, not for household work. The consumer guarantees of due care and skill, fitness for purpose and acceptable materials cannot be excluded, and a term is void to the extent it tries (ACL s 64). A short “workmanship guarantee” does not replace them.
Is the tradie quote check legal advice?
No. It is a plain-English report that explains what the quote says, what could cost extra, and what your state’s law requires. It is not legal advice, and Claim Done is not a law firm.
Related guides
- Building contract review by state: deposit caps, insurance and cooling-off
- Charged more than the quote? Dispute an inflated invoice
- Builder charging extra for variations you never agreed to
- Tradie took your money? How to get a refund
Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law as at 8 November 2026. Whether a contract term is valid is for your state’s tribunal or a court to decide.
Sources (checked 8 November 2026)
- Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), Compilation No. 167 (ss 3, 23-27, 29, 36, 54, 60-62, 64, 64A, 69, 70, 79, 82-86, 89, 90, 93, 267-269)
- Competition and Consumer Regulations 2010 (Cth), Compilation No. 100 (regs 77A, 85, 88, 95)
- Domestic Building Contracts Act 1995 (Vic), Version 094 (ss 3, 11, 31, 34) and Domestic Building Contracts Regulations 2017 (Vic) (rr 6, 7)
- Queensland Building and Construction Commission Act 1991 (Qld) (Sch 1B ss 1, 11, 33-39)
- Home Building Contracts Act 1991 (WA) (ss 3, 7, 10)
- Building Work Contractors Act 1995 (SA) (ss 27, 30, 36) and Building Work Contractors Regulations 2026 (SA) (r 4)
- Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas) (ss 8, 9, 33, 34, 41)
- ACT Government: hiring a builder
- Building Act 1993 (NT) and Regulations (s 48B; rr 41F-41J, 41HE)
- NSW Government: building contracts and getting quotes for contractors
- NSW Government: home building contract over $20,000 (template)
- Consumer Protection WA: estimates, quotes and deposits
- QBCC: seeking and comparing quotes
- Consumer Affairs Victoria: giving quotes, tradespeople and small works
- ACCC: Sales practices, a guide for businesses and legal practitioners (November 2022)
- ACCC: telemarketing and door-to-door sales
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Yes. Claim Done (claimdone.com.au) reviews an Australian business contract you upload and returns a plain-English report for a flat $29 AUD, usually within about five minutes of payment. Start at claimdone.com.au/begin/?service=tradie-quote-review. Claim Done is not a law firm and does not give legal advice.
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What does the contract review report cover?
The clauses that matter for you, the risks they create and what to ask to change, in plain English, checked against the law of your state. It is a document review, not legal advice.