Residential building disputes
On 1 January 2013 changes to the Building Act 1993 commenced. The amendment includes consumer protection through the inclusion of a dispute resolution process incorporating consumer guarantees.
Consumer Affairs manages the dispute resolution aspects of the Building Act 1993 as the Commissioner of Residential Building Disputes. If you, as a consumer, have a dispute with your builder, contact Consumer Affairs to assist in resolving the dispute.
Applications
Before you make an application to the Commissioner of Residential Building Disputes (the Commissioner), please ensure that you have spoken to NT Consumer Affairs regarding your complaint as we may be able to assist before taking this step.
To be eligible to apply to the Commissioner for one of the applications listed below, your residential building contract is to have commenced on or after 1 January 2013.
Application for Mediation or Conciliation
If you are an owner or builder having trouble communicating with each other and you would like assistance, you may apply to the Commissioner for Mediation or Conciliation. If the application is accepted, both parties must agree to the mediation or conciliation.
The Commissioner may make a binding decision based on the mutual agreement.
No fee applies for this application.
If you have any enquires in relation to these applications, or to ensure that you are eligible to apply, please contact Consumer Affairs by phone on 08 8999 1999 or 1800 019 319 or by email consumer@nt.gov.au
Application for a Technical Inspection
This application is used if residential building work that is carried out is defective. If the application is accepted, the Commissioner can give notice for a technical expert to inspect the building work and provide a report.
You should speak to a Northern Territory Consumer Affairs representative before lodging an application.
Application Fee
An application fee applies - this fee is based on the value of a revenue unit. The value of a revenue unit is subject to change annually.
Link for explanation of Revenue Units: Click Here
The prescribed Revenue Units for this application is: 200
Application to the Commissioner for a Decision
This application is used if you believe that a Consumer Guarantee has not been fulfilled in relation to building work. A Consumer Guarantee is described as:
- The building work is to be carried out in a workmanlike manner in accordance with the plans and specifications;
- The materials supplied will be suitable for the purpose and are to be new unless otherwise specified;
- The building work will be carried out in accordance with Northern Territory legislation; and,
- The building work will be carried out with reasonable care and skill.
To apply to the Commissioner for a Decision;
- The contract for the building work must have ceased or one of the parties consider the contractual obligations fulfilled or the relationship between parties has broken down irretrievably; and,
- The effective period has not expired, which is six years for structural defects and one year for non-structural defects.
If the application is accepted the Commissioner will set a hearing date and a binding decision can be made against either party.
You should talk to a Northern Territory Consumer Affairs representative before lodging an application.
Application Fee
An application fee applies - this fee is based on the value of a revenue unit. The value of a revenue unit is subject to change annually.
Link for explanation of Revenue Units: Click Here
The prescribed Revenue Units for this application is: 100
If you have any enquires in relation to these applications, or to ensure that you are eligible to apply, please contact Consumer Affairs by phone on 08 8999 1999 or 1800 019 319 or by email consumer@nt.gov.au
Factsheets
- Building Disputes Fact Sheet PDF (338.6 KB)
- Negotiated Agreement Process Fact Sheet PDF (209.0 KB)
- Application for Mediation or Conciliation Fact Sheet PDF (226.7 KB)
- Application for a Technical inspection Fact Sheet PDF (278.7 KB)
- Application to the Commissioner for a Decision Fact Sheet PDF (434.9 KB)
Legislation
- Building Act 1993
- Building (Resolution of Residential Building Work Disputes) Regulations
- Building (RBI and Fidelity Fund Schemes) Regulations 2012
- Building Regulations 1993
Please contact the Fidelity Fund NT for all enquiries relating to the Building (RBI and Fidelity Fund Schemes) Regulations 2012.
Please contact Building Advisory Services for all enquiries relating to the Building Regulations 1993.
Other Useful Links
- Contact Building Advisory Services
- Building and Renovating: Permits and Processes
- Building Practitioners Board (NT)
- Building Practitioners Board Registration Check
- Building and Renovating in the NT – A Consumer Guide
- Fidelity Fund NT
- Master Builders Association (NT)