Resolving building disputes
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.
Dispute resolution steps
If you have an issue with someone who you hired to do building work for you (such as a builder, contractor, designer, architect, engineer, surveyor, or electrician), follow these steps to resolve the issue.
Step 1 – Tell the builder or contractor in writing
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:
- keep it short and easy to understand
- use facts and keep your emotions out of it
- explain how you would like the problem fixed
- make sure to date, sign, and keep a copy.
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. However, if you are still not happy, you can lodge a dispute with the Queensland Building and Construction Commission (QBCC).
Step 2 – Lodge a dispute with the Queensland Building and Construction Commission
Call your nearest Queensland Building and Construction Commission (QBCC) office. QBCC will try to work with you, and the person who carried out the building work, to resolve the problem. If they cannot help you to come to an agreement, they will visit your home to inspect the building work.
The QBCC representative will decide:
- if the work done passes industry standards
- who is at fault (if there is a problem)
- how the person you hired should fix the problem, and in what timeframe (if they are at fault).
If the QBCC finds that the work is of a very bad standard, or the professional has treated you very wrongly, they may also:
- give a fine to the person who did your building work
- add demerit points to their QBCC licence
- publish details of their bad performance on record.
If you are not happy with the result of the QBCC’s visit to your home, you can contact the Queensland Civil and Administrative Tribunal (QCAT).
Step 3 – Contact the Queensland Civil and Administrative Tribunal
Should you dispute the decision made by the QBCC, you can apply for a hearing with the Queensland Civil and Administrative Tribunal (QCAT).
QCAT will only accept to hear your dispute if it is about:
- the construction of a house or building
- renovations, alterations, extensions, improvements or repairs to a house or building
- a house’s or building’s services—including electrical work, water supply, sewerage or drainage
- the demolition, removal or location of a house or building
- building work done on the land of your private property (such as putting in a swimming pool, landscaping, or building a retaining wall, driveway or structure)
- creating plans for work on a house or building
- the inspection of a finished house or building.
How to apply
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.
QCAT application forms:
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.
How it works
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 on or for your property 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.