Dealing with building defects

Changes to process for dealing with building defects

Since 26 April 2017 there has been a change to the process for Owners Corporations dealing with building defects. If an Owners Corporation wishes to take action against a builder for failing to rectify building defects then rather than making an application to the Victorian Civil & Administrative Tribunal (VCAT) an application now must be made to the newly created Domestic Building Dispute Resolution Victoria (DBDRV).

The DBDRV will assess whether the dispute is suitable for conciliation. If conciliation is not suitable or that conciliation takes place however is not successful then and only then can legal proceedings commence in VCAT.

There is debate as to whether the change in the process will reduce the time it takes to resolve building disputes or whether it is adding an additional hoop for Owners Corporations to jump through. The proof will be in the pudding.

For further information on the creation of the DBDRV an article written by Moray & Agnew Lawyers can be downloaded from the following link: DBDRV Article.