Help with building issues and disputes

When determining whether building work is defective, the building inspector will consider the work against the  National Construction Code, Australian Standards, manufacturers’ guidelines, and QBCC's standards and tolerances guide which outlines the relevant standards and any associated tolerances for different building work. 

The building inspector carries out the inspection, and usually gives one of four outcomes.

Outcome 1—no defect, no direction issued

If it is determined that no defect is present, then no direction can be issued.

Outcome 2—defect found, direction issued

Direction to Rectify – A Direction to Rectify is issued for all or some aspects of the work. The licensed contractor usually has 35 days to comply with the direction. 

If they do not satisfactorily complete the work which is the subject of the Direction to Rectify, it will be considered a failure to rectify the defect and regulatory action may be taken against the licensed contractor. 

If the work is insurable work, the case may then be referred for assessment of a claim under the QHWS. Some work is not insurable. For more information about the QHWS, including limitations, visit Queensland Home Warranty Scheme.

Normally, a scope of work will be prepared and provided to a panel of contractors. The successful licensed contractor will enter into a contract with you to complete the rectification work.

As the home owner, you will be engaged throughout the QHWS process and consulted before the scope of work is finalised.

The time it takes to complete rectification work is dependent on availability of materials and the scope of work required. 

Outcome 3—defect found, no direction issued

Defect is present, however no Direction to Rectify is issued if, in the circumstances, it would be unfair to give a direction. For example, monies withheld from the contractor, the home owner fails to allow the contractor to return to rectify the defect, and/or the home owner’s failure to maintain the property has exacerbated the defect.

Outcome 4—contractual dispute

While we may be able to offer some assistance when it comes to contractual matters, as part of our early dispute resolution process, we don't generally get involved in disputes over contractual matters and this is the most common reason for a complaint not to proceed. Additionally, the QHWS does not cover items where the dispute is considered contractual rather than defective work. 

Contractual matters include issues with payments, variations and delays, whereas defective work relates to concerns over the quality of the building work which can be assessed against the QBCC’s standards and tolerances guide. 

Examples of disputes that are considered contractual and not covered by the QHWS include:

• roof tiles are the wrong colour
• type of door installed is different to what was agreed
• disagreement about cost to change handrails from timber to steel
• dispute about delays in finishing laying floor tiles.

Both home owner and licensed contractor can apply for a review of a decision to issue a Direction to Rectify or a decision not to issue a Direction to Rectify, using the QBCC’s internal review process. It should be noted that a review may delay the process by a further 28 days. 

After the Internal Review Unit makes a decision, if the home owner and/or licensed contractor are dissatisfied with the internal review decision, either or both parties can review the internal review decision at Queensland Civil and Administrative Tribunal (QCAT).  

For more information on how to have a QBCC decision reviewed or what happens if the other party in your dispute requests a review of a QBCC decision visit Review of a QBCC decision.