Building disputes

Most deck projects go smoothly, but disagreements can happen over quality, delays, costs or variations. Knowing the steps to resolve a dispute helps you stay calm and protect your position.

This guide is general information, not legal advice. For complex disputes, consider getting independent legal advice.

Step 1: Raise it with the builder

Start by talking to the builder. Explain the problem clearly and what you'd like done. Follow up in writing, such as by email, so there's a record. Give the builder a reasonable time to respond.

The Building and Plumbing Commission (BPC) says it's a legislative requirement to take reasonable steps to resolve a dispute directly before coming to it, preferably by clearly stating your issues in writing and giving the other party a reasonable time to respond.

Step 2: Free dispute resolution

If you can't resolve the dispute, the BPC offers a free and impartial domestic building dispute resolution service. According to the BPC, accredited Dispute Resolution Officers facilitate conciliation to help both parties reach agreement, and applications involving health, safety or financial hardship are prioritised. The service was previously known as Domestic Building Dispute Resolution Victoria (DBDRV).

Eligibility

Not every dispute is eligible. The BPC's eligibility guidance says it can't resolve disputes that aren't about domestic building work or that don't involve the owner, although in some circumstances it can resolve disputes between owners and other practitioners such as surveyors, engineers and draftspersons. It also says that, by law, it's unable to resolve disputes about just one of certain types of work, such as attaching external fixtures, if performed under an individual contract, unless it's part of a contract with a builder that includes other building work. Use the BPC's online eligibility check.

Keep good records

Whatever happens, records help:

• the quote, contract and plans;
• building permit and inspection documents;
• written variations;
• invoices and receipts;
• photos of work as it progresses and of the problem;
• emails, texts and notes of conversations, with dates.

Common causes of disputes

• Unclear scope: a vague quote or contract. See quotes and contracts.
• Variations: changes agreed verbally without cost or timing.
• Delays: often weather or materials, but sometimes poor planning.
• Defects: workmanship or materials that don't meet the contract or standards.
• Payments: disagreements over progress payments or final invoices.

Prevention

Choose a registered builder (see choosing a deck builder), get a detailed written contract, agree every variation in writing, and keep communication professional and documented.

If the builder isn't registered

If you've used an unregistered builder for work that required registration, you may have fewer protections, and Consumer Affairs Victoria warns that you can't get Home Warranty insurance if the builder isn't properly registered. Consider getting legal advice.

Keep a deck file

Keep a simple folder, paper or digital, for your deck. Include the building permit and inspection records, plans and engineering details, the contract and any variations, product names and colours for boards and coatings, warranty documents and receipts. Add photos taken during construction, especially of the frame and footings before they're covered. This file is invaluable when you need repairs, make a warranty claim, sell your home or resolve a dispute, and it saves the next owner a lot of guesswork.

At the end of the job

Before final payment, walk around the deck with your builder. Check that the work matches the plans and contract, that boards are evenly spaced and securely fixed, that balustrades are firm, and that the site has been cleaned up. Ask for the final inspection documentation from your building surveyor, product and maintenance information, and warranty documents. Note any defects in writing and agree on when they'll be fixed.

Warranties and guarantees

Several kinds of protection may apply to your deck: your builder's workmanship warranty, manufacturers' warranties on boards, fixings and coatings, and statutory warranties under Victorian domestic building law. Read warranty terms carefully. Many manufacturers' warranties depend on installation following their instructions and on regular maintenance. Keep receipts, product details and installation records, and register products where manufacturers require it.

Timing your project

Spring and early summer are popular times to build decks, so builders and surveyors can be busy then. Planning ahead gives you more choice. Allow time for design, quotes, engineering, permits and, where needed, planning approvals before construction starts. Weather can delay footings, concreting and coating, and some timbers or finishes perform best when applied in mild, dry conditions. Ask your builder for a realistic timeline and what could delay it.

Planning a realistic budget

We don't publish prices, because they vary with design, materials, site and timing. Instead, think about the things that drive cost so you can plan sensibly and compare quotes:

• size and height: larger and higher decks need more materials and more structure;
• site: slopes, poor access, rock or reactive soils add work;
• materials: board type, species or product, and fixing system;
• extras: stairs, balustrades, built-in seating, lighting, screens, roofing;
• demolition of an existing deck and rubbish removal;
• design, engineering and permit fees.

Allow a contingency for surprises, such as rock in footing holes or rot found when an old deck is removed.

Where our information comes from

We base the facts in this guide on official and authoritative sources, including the Victorian Building Authority, Consumer Affairs Victoria, the Building and Plumbing Commission, the Australian Building Codes Board and Victorian planning guidance, listed at the end of the page. Building rules and thresholds change, so we show the date we last checked this page. Before you rely on any detail, follow the source links or ask your building surveyor.

Talking to your neighbours

A new deck can affect the people next door, especially if it's raised, close to a boundary or near their windows. Talking to neighbours early can avoid disputes later. Explain what you're planning, show them the drawings and listen to concerns about privacy, noise or shade. If your design needs a Report and Consent from council because it doesn't meet siting provisions, adjoining owners may be asked for comment. Screens and planting can often address privacy concerns. Let neighbours know when construction will start and how long it will take.

Deck terms explained

• Bearer: a main horizontal beam supported by posts or stumps.
• Joist: a smaller beam on or between bearers that supports the boards.
• Ledger: a member fixed to the house to support one side of an attached deck.
• Footing: the concrete pad or pier that transfers loads into the ground.
• Balustrade or barrier: the railing system that prevents falls.
• Nosing: the front edge of a stair tread.
• BAL: bushfire attack level, a measure of a site's bushfire exposure.
• Hazard class (H class): the treatment level for preservative-treated timber under AS 1604.
• Building surveyor: the registered professional who issues building permits and inspects work.

Before work starts: a quick checklist

• Do I have the building permit (and any planning permit or Report and Consent)?
• Have I checked the builder's registration and insurance?
• Is the contract signed, with the full scope, price, payment stages and timing?
• Have underground services been checked with Before You Dig Australia?
• Do the neighbours know when work will start?
• Is there safe access and somewhere to store materials?
• Do I know which inspections are required and when?

Our deck calculator can help you sense-check quantities in the quote.

Statutory warranties

Victorian domestic building law includes warranties that apply to domestic building work, such as that the work will be carried out in a proper and workmanlike manner, using suitable materials, and in accordance with the plans, specifications and laws. These warranties apply in addition to anything in your contract. Consumer Affairs Victoria's domestic building guide explains them in more detail. If you believe work is defective, refer to these warranties when you raise the issue with your builder.

Key points

• Raise problems with the builder in writing first.
• The BPC offers free dispute resolution for eligible domestic building disputes.
• Check eligibility online; not all disputes qualify.
• Keep thorough records.
• Prevent disputes with clear contracts and written variations.