Who must comply with Domestic Building Contracts Act 1995 (Vic) — warranties?

Vic domestic building contracts include statutory warranties + insurance requirements.

The Domestic Building Contracts Act 1995 (Vic) sets the essential requirements for contracts to build, renovate, extend, repair, demolish or remove a home in Victoria. Where work involves more than one trade and is worth more than $10,000, a written major domestic building contract must be in place before work starts, and only a registered builder can enter into one. Domestic building insurance is required for work over $16,000 and protects the owner if the builder dies, becomes insolvent or disappears. The builder must give the owner a copy of the contract signed by both parties and enough time to have it reviewed, cannot take a deposit above 10 per cent (contracts under $20,000) or 5 per cent ($20,000 or more), and may claim progress payments only for completed stages. The Domestic Building Contracts Amendment Bill 2025 passed on 11 September 2025.

Applies only if you do domestic building work over $10,000. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Registered domestic builders in Victoria contracting with home owners, including for associated work such as landscaping, paving, driveways, fencing, garages, pools and site work carried out with the construction or renovation of a home. Single-trade jobs (for example plastering, tiling, electrical, painting or plumbing alone) do not need a major domestic building contract. Reblocking, restumping, demolition or removal of a home require a registered builder whatever the value.

What triggers it: Agreeing to carry out domestic building work on a Victorian home involving more than one trade and worth more than $10,000; for insurance, work over $16,000.

Threshold: Major domestic building contract above $10,000 (multi-trade); domestic building insurance above $16,000.

Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).

Structure does not change the answer in construction (residential & commercial): for every structure the answer is "only if a further fact applies".

Size does not change the answer in construction (residential & commercial): at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you do domestic building work over $10,000.

The engine shows this obligation as "check whether this applies" when a business has industry: Construction (residential & commercial). It then applies only if you do domestic building work over $10,000. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Contract signed before any work starts; certificate of currency for domestic building insurance given before the owner pays the deposit; extension-of-time claims within 15 business days after a delay ends; progress payments only as each stage is completed.

Frequency

When a triggering event occurs

Evidence to keep

Signed major domestic building contract (the free Consumer Affairs Victoria model contract for new homes can be used); builder registration with the Building and Plumbing Commission; domestic building insurance certificate of currency; deposit and progress-payment records within the statutory limits; written variation records; extension-of-time claims stating the reason and length of delay.

Status

Current

Priority

High

Maximum penalty: Penalties for breaching the contract, deposit and insurance requirements are set in the Domestic Building Contracts Act 1995 (Vic) and are not restated here. Consumer Affairs Victoria advises owners not to pay any deposit until the builder provides the insurance certificate of currency.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Rules Mate tracks 9 published obligations tagged "construction", 5 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.

Regulated by Victorian Building Authority.

VBA: Vic building regulator — registration, audits, enforcement.

• Victorian Building Authority

Free tools that help with this obligation:

• Compliance calendar builder