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You trusted a builder with one of the biggest investments of your life. You signed the contract, paid the deposit, and watched your home take shape with excitement and anticipation. But now, instead of enjoying your new property, you’re dealing with cracked walls, water leaking through your ceiling, faulty electrical work, or structural problems that keep you awake at night.
You’re not alone. A 2019 Deakin University study examining 212 building reports found that a large portion of residential properties had at least one defect. If you’re a property owner in Melbourne or anywhere across Victoria dealing with building defects caused by a negligent builder, you have legal rights—and Boutique Lawyers is here to help you exercise them.
As a law firm in Melbourne that specialises exclusively in building and construction law, our experienced construction lawyers in Melbourne understand the technical complexities, the emotional toll, and the financial pressure that building negligence cases create. We’ve dedicated our entire practice to helping homeowners, commercial property owners, and industry professionals navigate the legal process and achieve the outcomes they deserve.
Building negligence occurs when a builder, contractor, or construction professional fails to meet their legal duty of care, resulting in harm or financial loss to you as the property owner. In simple terms, it means your builder didn’t do what they were legally required to do, and you’ve suffered as a result.
In Victoria, every builder has a duty of care—a legal obligation to take reasonable steps to avoid causing foreseeable harm to you. This isn’t just a matter of good practice; it’s enshrined in law. The Domestic Building Contracts Act 1995 automatically includes several non-removable warranties in every domestic building contract, legally requiring your builder to:
When a builder breaches any of these warranties, they’ve potentially committed negligence. As a building negligence lawyer practising in Melbourne and throughout Victoria, our role is to prove this breach and secure compensation or rectification for you.
To succeed in a builder negligence claim, three key elements must be established:
These elements form the backbone of building defect litigation in Victoria. Understanding them helps you recognise when you have a valid claim.
Building defects aren’t just cosmetic annoyances—they represent a builder’s failure to meet professional standards and can have serious financial and safety implications. Based on industry research and our extensive experience as building defects lawyers in Melbourne, here are the most common defects we see:
This is by far the most common category of building defects, accounting for approximately 40% of all identified defects. Problems include:
Waterproofing defects are another significant category, representing a substantial portion of building problems. Issues include:
Water damage doesn’t just ruin finishes—it can lead to structural deterioration, toxic mould growth, and significant health hazards. If left unaddressed, what starts as a small leak can result in tens of thousands of dollars in rectification costs.
These defects compromise the integrity and safety of your building:
Fire safety defects are particularly serious because they put lives at risk. Recent research has revealed that fire safety non-compliance is alarmingly widespread, with approximately 87% of multi-storey apartment buildings in Victoria failing to meet fire safety standards. Common issues include:
The Victorian Building Authority (VBA), which transitioned to the Building and Plumbing Commission (BPC) as of July 1, 2025, has made cladding rectification and fire safety compliance a priority, and property owners dealing with cladding defects have special legal protections.
Defect Type | Prevalence | Impact Level |
Building Fabric/Cladding | Most common (40.19% of all identified defects) | High – Structural integrity, weather protection, fire safety risks |
Fire Safety Systems | Widespread non-compliance (87% of multi-storey apartment buildings fail fire safety standards) | Critical – Life safety risk |
Waterproofing Issues | Significant category (11.46% of identified defects) | High – Can cause structural damage, mould, and health issues |
Structural Defects | Frequent in foundations, walls, and roofs | High – Compromises building integrity |
General Building Defects | 85% of properties have at least one defect | Variable – From cosmetic to serious |
Note: Statistics compiled from Victorian and Australian building research, including Deakin University’s 2019 study and government building authority reports.
If you’re dealing with building defects in Melbourne or anywhere in Victoria, you have strong legal protections. Understanding your rights is the first step toward resolving your building dispute. Our building dispute lawyers can help you navigate these protections and achieve the best outcome.
Every domestic building contract in Victoria automatically includes statutory warranties under the Domestic Building Contracts Act 1995. These warranties cannot be removed or limited by any contract clause. They guarantee that your building work will be completed properly, safely, and in compliance with all laws.
For domestic building contracts over $16,000, your builder must have taken out Domestic Building Insurance. This is “last resort” insurance that protects you if your builder dies, disappears, or becomes insolvent. DBI covers structural defects for six years and non-structural defects for two years from completion, with a maximum coverage of $300,000.
Victoria has established clear pathways for resolving building disputes. You have the right to access these systems, and an experienced professional negligence building lawyer can guide you through each step.
Before taking legal action, gather evidence:
Formally notify your builder of the defects in writing. Provide a clear, itemised list of issues and give them a reasonable opportunity to inspect and rectify the problems. Keep copies of all correspondence.
If direct negotiation fails, the next mandatory step is applying to the Domestic Building Dispute Resolution Victoria (DBDRV). This free government service provides conciliation for domestic building disputes involving work valued at $10,000 or more to help you and your builder reach an agreement. A trained conciliator can issue a “Dispute Resolution Order” requiring the builder to fix or complete work.
Critical Warning: Applying to DBDRV does NOT stop the clock on your legal time limits. If your 10-year limitation period is approaching, you must also file with VCAT to protect your rights.
Before taking legal action, gather evidence:
While you can represent yourself at DBDRV and VCAT, having an experienced building negligence lawyer significantly improves your chances of success. Building defect litigation involves complex technical evidence, building codes, and legal principles. At Boutique Lawyers, we handle every aspect of your case, from initial consultation through to final resolution, ensuring your rights are protected at every stage.
One of the most important aspects of building negligence law in Victoria is understanding the strict time limits for bringing a claim. Missing these deadlines means losing your right to seek compensation—no matter how serious your defects are.
Section 134 of the Building Act 1993 states that you cannot bring a building action more than 10 years after the date your occupancy permit or certificate of final inspection was issued. This is a “long-stop” deadline that cannot be extended (except in special cladding cases).
Important: For staged developments with multiple occupancy permits, the Victorian Supreme Court of Appeal has ruled that the 10-year period starts from the date of the first relevant occupancy permit, not the last.
Due to the serious safety risks posed by non-compliant combustible cladding, Victoria has extended the limitation period to 15 years for building actions specifically related to certain cladding products.
Even if you have years remaining before your limitation period expires, starting early is crucial:
If you’re concerned about time limits, contact a building negligence lawyer immediately for advice specific to your situation.
At Boutique Lawyers, building and construction law isn’t just one department among many—it’s everything we do. Based in Melbourne, our practice is dedicated exclusively to this field, allowing us to bring deep, focused expertise and a high level of commitment to every matter we handle.
Building negligence cases are technically complex. They require an understanding of:
Many general practice law firms handle building cases occasionally. We handle them exclusively. This depth of experience translates into better outcomes for our clients across Melbourne, Greater Melbourne, and all of Victoria.
We understand that behind every building defect case is a person or family dealing with stress, financial pressure, and frustration. Our approach is to:
Our building negligence legal services include:
While we’re based in Melbourne, we assist clients throughout Victoria—from Geelong and Ballarat to Bendigo, the Mornington Peninsula, and regional Victoria. Whether your building project is a residential home, apartment complex, or commercial property, we have the expertise to help.
Under the Building Act 1993, you generally have 10 years from the date your occupancy permit was issued to commence a building action. For certain cladding-related defects, this period is extended to 15 years. However, there are important exceptions and complexities—for example, if your property was part of a staged development, the limitation period may start earlier than you think. It’s critical to seek legal advice as soon as you discover defects, as applying to DBDRV does not pause this 10-year clock. Missing this deadline means you lose your right to claim, regardless of how serious the defects are.
A building defect is the physical problem itself—such as a cracked foundation, leaking shower, or non-compliant electrical work. Building negligence is the legal concept that explains why the defect occurred and who is responsible. Negligence means that a builder or other professional breached their duty of care to you, and that breach caused the defect and your resulting losses. Not all defects are caused by negligence (some may result from factors beyond anyone’s control), but most building defects in Victoria do involve a breach of the builder’s legal obligations, particularly the statutory warranties under the Domestic Building Contracts Act 1995. When pursuing compensation, you’ll need to prove both that defects exist and that they resulted from negligence.
Yes, you may still have options. If your building contract was for domestic building work valued over $16,000, your builder was legally required to take out Domestic Building Insurance (DBI). This insurance is designed specifically for situations where the builder dies, disappears, or becomes insolvent. DBI provides coverage for structural defects for up to six years from completion and non-structural defects for up to two years, with a maximum coverage of $300,000. To make a DBI claim, you’ll need to contact the insurer (details should be in your building contract) and provide evidence of the defects. Our building insurance claim lawyers can assist you through this process. If your situation falls outside DBI coverage, there may be other avenues, such as claims against architects, engineers, or building surveyors who were involved in the project. An experienced building negligence lawyer can assess all possible sources of recovery for your situation.
If you’re dealing with building defects anywhere in Melbourne or Victoria, time is not on your side. The longer you wait, the more damage can occur to your property, and the closer you get to losing your legal rights due to limitation periods.
You don’t have to navigate this complex legal process alone. At Boutique Lawyers, we’ve dedicated our entire practice to helping people just like you hold negligent builders accountable and recover what they’re owed.
Contact us today for a comprehensive case evaluation. We’ll review your situation, explain your legal options, and help you understand the best path forward—whether that’s negotiation, DBDRV conciliation, or VCAT proceedings.
When your building project has gone wrong, and you need results that matter, it helps to work with a Melbourne law firm that focuses exclusively on building and construction law. That focus is at the core of what we do at Boutique Lawyers.
Boutique Lawyers is a Melbourne-based law firm with a strong and dedicated focus on building and construction law. Led by Principal Lawyer Olivia Terziovski, who has over a decade of specialised experience in the field, our team provides expert legal representation for building negligence claims, defect disputes, and construction litigation throughout Victoria.
We serve clients across Greater Melbourne and all of Victoria, including Geelong, Ballarat, Bendigo, the Mornington Peninsula, and regional areas. Our exclusive focus on building law means we bring unmatched expertise, efficiency, and results to every case.
Ready to discuss your building negligence case? Contact Boutique Lawyers today.
Disclaimer: This content is for general information purposes only and does not constitute legal advice. Every building negligence case is unique and depends on its specific facts and circumstances. For advice about your particular situation, please contact Boutique Lawyers directly. The information on this page is current as of the date of publication, but building laws and regulations may change. This page is intended for residents of Melbourne and Victoria, Australia.
Geographic Service Area: Boutique Lawyers serves clients throughout Victoria, including Melbourne CBD, Greater Melbourne (all suburbs), Geelong, Ballarat, Bendigo, Shepparton, Mornington Peninsula, Dandenong Ranges, Yarra Valley, and all of regional Victoria.
Key Practice Areas: Building negligence lawyer Melbourne, builder negligence claim Victoria, building defect litigation, negligence solicitor construction, professional negligence building, negligent builder lawyer, domestic building disputes, commercial construction disputes, VCAT representation, building contract disputes, waterproofing defect claims, structural defect litigation, cladding rectification claims.
Level 7, 180 Flinders Street,
Melbourne VIC 3000
Phone: 1300 556 140
