Building complaints and disputes

Introduction

This section is for owners and builders  who want to resolve a dispute or complain about a builder, contractor or sub-contractor in the Northern Territory.

Types of building complaints

Complaints and disputes may be broadly classified as the following:

  • issues with professional conduct or registration
  • offences against building laws
  • allegations of unsafe or unlawful building work
  • disputes about defective or incomplete work covered by consumer guarantees
  • civil or contractual disputes.

Building disputes often involve more than one of these issues.

Depending on the nature of your dispute, you may need to contact more than one service to resolve the problem.

Payment disputes

For information about resolving payment disputes, read about construction disputes. Find out about the laws that apply to all builders, suppliers, owners and sub-contractors, and the provisions that apply to all construction contracts - written and verbal.


Get mediation or conciliation help

This page has information for consumers and traders who are looking for a third party to help mediate or conciliate a building dispute.

Help with all construction disputes

If your dispute involves a trader and consumer, Northern Territory (NT) Consumer Affairs may be able to help you find a solution.

Go to the NT Consumer Affairs website for more information about resolving complaints and disputes.

Help with residential building disputes

If you are an owner or builder working on a building covered by a fidelity fund certificate, you can apply to the Commissioner of Residential Building Disputes for free mediation or conciliation to help you come to an agreement.

Read more about building work that requires a fidelity fund certificate.

If your application is accepted, you and the other party must agree to the mediation or conciliation.

The commissioner can make a binding decision based on the mutual agreement.

How to apply

To apply for conciliation and mediation submit the completed form to the Commissioner of Residential Building Disputes. Contact details are provided on the form.

Conciliation and mediation form DOCX (91.4 KB)
Conciliation and mediation form PDF (141.6 KB)


Get a technical inspection

This page has information about how to get a professional opinion if you believe your building work is defective.

A fidelity fund certificate covers owners against the following costs if a builder becomes bankrupt, dies, disappears or has their registration cancelled by the Building Practitioners Board.

Read more about when you must have a fidelity fund certificate.

For work not covered by a fidelity fund certificate

You must source your own technical experts to help resolve your dispute about the building work.

Find a registered building practitioner by going to the Northern Territory Building Practitioners Board website.

For work covered by a fidelity fund certificate

As the owner or builder of residential building work, you can apply to the Commissioner of Residential Building Disputes for a technical inspection.

If your application is accepted, a technical expert will be appointed to report on your building.

How to apply

To apply fill in the technical inspection form.

Technical inspection form DOCX (116.6 KB)
Technical inspection form PDF (160.2 KB)

Submit the form and the application fee of 200 revenue units to the Commissioner of Residential Building Disputes.

Find out more about revenue units.

You may also need to pay for any tests requested by the technical expert for their report.


Get defective or incomplete work fixed or paid out

This page has information about how to ask for corrections to building work that has not been finished or properly constructed, or for money to be paid to you as the owner.

Before making any of the formal applications outlined on this page, you should talk to NT Consumer Affairs to see if they can help resolve your dispute informally.

They can advise you on your options if you believe a consumer guarantee has not been fulfilled in relation to building work.

Go to the Consumer Affairs website for their contact details.

For work covered by a fidelity fund certificate, you can apply to the Commissioner of Residential Building Disputes, see below.

For work that is not covered by a certificate, you can make a claim with a court. Before filing any dispute in a court, consider getting legal advice.

Apply to the Commissioner of Residential Building Disputes

You can apply to the Commissioner of Residential Building Disputes to order for work to be fixed, or for money to be paid to you.

The Commissioner can't consider allegations of delay or claims the owner has not paid the builder.

The Commissioner can't order the return of a progress payment.

Read more about when you must have a fidelity fund certificate.

Before you apply

You must have a fidelity fund certificate to make an application to the Commissioner.

The dispute must be between an owner and a building contractor.

You must be able to show that the contract for the building work has ceased, or one of the parties considers the contractual obligations fulfilled, or the relationship between the parties has broken down.

If the application is in relation to incomplete work, you must apply within 90 days of when the builder stops work.

If the application is for defective work, you must apply within the effective period for the building work, which is six years for structural defects and one year for non-structural defects.

How to apply 

To apply fill in the commissioner decision form.

Commissioner decision form DOCX (144.5 KB)
Commissioner decision form PDF (197.2 KB)

Submit the form and the application fee of 100 revenue units to the Commissioner of Residential Building Disputes.

Find out more about revenue units.

Make a claim with a court

If you are an owner who wants to get a builder to rectify or pay money for defective or incomplete residential building work for which you do not have a fidelity fund certificate, you can make a claim with a court.

The courts can do any of the following:

  • hear evidence from experts
  • hear and determine contractual matters relating to payments and breaches of contract - for instance if work has not been carried out in a proper and workmanlike manner or in accordance with the Australian Consumer Law
  • issue an enforceable order for the payment of money
  • issue an enforceable order to do or refrain from doing something.

The courts can't do any of the following:

  • consider consumer guarantee disputes
  • consider professional conduct issues
  • take professional disciplinary action such as suspend or cancel a builder’s licence.

Read about how to complain about professional misconduct or a breach of building law.

Before you apply

Before filing any dispute in a court, consider getting legal advice.

Which court you should contact

The value of your dispute will determine which of the following courts has jurisdiction over the claim.

Small claims jurisdiction of the Northern Territory Civil and Administrative Tribunal (NTCAT)

This court can decide actions for amounts up to $25,000.

Local Court

This court can decide actions for amounts between $25,001 and $250,000.

Supreme Court

This court can decide actions for amounts over $250,000

How to apply

Read more about how to apply to different types of courts and their roles.


Resolve a payment dispute

If you are having problems with a refusal to pay - such as an owner refusing to pay a builder, or a builder refusing to pay a sub-contractor - you can apply to the Northern Territory (NT) adjudication scheme for help with your construction contract. 

NT law also provides minimum standards that both parties must follow if your construction contract fails to cover an issue.

Read more about construction contracts and resolving disputes.


Report unsafe or unapproved work

This page has information about reporting building activities that you think are unsafe or do not comply with building laws.

For emergencies

To report a life-threatening emergency, contact an emergency service.

For urgent matters

To report problems such as a building at risk of collapse, call Building Advisory Services on 08 8999 8960.

For outside of business hours, contact an emergency service.

For all other matters

For all other matters submit a written report to the director of building control. The report should contain details of the property, the building or the work, and why you think it is unsafe or does not comply with the Building Act 1993 and Regulations.

Your report must do the following:

  • clearly describe the issue and the effects on safety and amenity
  • suggest a resolution, if relevant
  • provide relevant information
  • not give any information that is intentionally misleading or wrong.

You may also be asked to submit photographs or statements to assist the director’s investigation.

The director will assess your allegation to see if a resolution is within his or her powers.

The director’s response time to resolve the allegation depends on the following:

  • the assessed level of risk to the community or an individual
  • evidence of wrongdoing
  • availability of departmental resources
  • difficulty of gathering evidence in relation to the issues raised.

Confidentiality when making a report

If you report an unsafe or unlawful building activity, the director will keep your details confidential unless:

  • it’s necessary to investigate the matter
  • you give written permission to disclose your identity
  • your identity has already been disclosed:
    • to the complainant or
    • in a public document
  • it’s required:
    • under the Northern Territory Information Act 2002
    • to follow procedural fairness
  • the matter proceeds to court.

You can make an anonymous report but this may restrict the director's ability to investigate the allegation.

Possible outcomes

The director will advise you of the following possible outcomes:

  • if the matter is assessed as not within the director’s powers of investigation
  • if the matter has been investigated
  • any enforcement action initiated under the Building Act and whether compliance has been achieved.

How to report

Contact the director of building control by email, phone, mail or in person.

By mail, email or phone

GPO Box 1680
Darwin NT 0801
bas@nt.gov.au

Phone: 08 8999 8985

In person

Building Advisory Services
Level 1 Energy House
18 Cavenagh Street
Darwin NT 0800


Complain about professional misconduct or a breach of building law

This page has information about how to complain if you believe a registered building practitioner has broken building laws, has carried out work in a negligent or incompetent way, or is otherwise guilty of professional misconduct.

How to make a complaint

To complain you can write a letter, email, or fill in the complaint form.

Complaint form DOCX (52.4 KB)
Complaint form PDF (174.0 KB)

Your complaint must include the following:

  • your name, address and telephone number or email address
  • a concise summary of your complaint
  • what you have done to try and resolve your complaint and the result
  • the outcome you are seeking.

Submit your complaint or completed complaint form to the Director of Building Control using the contact details below.

The director may ask you for more information such as photographs or statements to assist the investigation.

Director of Building Control

Email

bas@nt.gov.au

Phone

08 8999 8985

Post

GPO Box 1680
Darwin NT 0801

In-person

Level 1 Energy House
18 - 20 Cavanagh Street
Darwin NT 0800

If there is evidence of a breach of law

The director can decide to prosecute the building practitioner in the courts if they believe there has been an offence under the Building Act or Regulations.

You may be asked to give a formal statement and attend court as a witness.

If there is evidence of professional misconduct

If there is evidence of professional misconduct the director must refer the matter to the Building Practitioners Board.

The board monitors building practitioners to make sure they meet their registration requirements.

If the matter is referred, the board must conduct an inquiry into the work and conduct of a practitioner, and can discipline practitioners found guilty of professional misconduct.

You may be asked to give a formal statement and attend as a witness before an inquiry panel of the board.

The Building Practitioners Board can:

  • inquire into evidence received from the director as a result of an investigation
  • decide whether a practitioner is guilty of professional misconduct, negligence or incompetence
  • reprimand a practitioner
  • require a practitioner to pay the director’s costs of an inquiry
  • require the practitioner to enter into an undertaking to do something or not do something - for example, providing additional information to the board, attending a course, or to refrain from carrying out specific work for a period of time
  • suspend the practitioner’s registration
  • cancel the practitioner’s registration
  • require the practitioner to pay a civil penalty to the Territory that does not exceed 40 penalty units.

To find out more about penalty units, go to the Department of the Attorney-General and Justice website.

The Building Practitioners Board can't:

  • consider consumer guarantee disputes
  • order the return of a progress payment
  • order a practitioner to undertake rectification work
  • order compensation
  • order unfinished work to be completed.

For more information, go to the Building Practitioners Board website.

Read more about how to:

What the director can't do

The director can't consider contractual disputes.

The director can't order any of the following:

  • the return of a progress payment
  • a practitioner to undertake rectification work
  • compensation
  • unfinished work to be completed.

Get payment for loss of profit, delay or negligence

This page has information about making a claim in court for a loss of profit, delay or negligence that is not covered by other resolution services.

What the courts can do

The courts can do the following:

  • hear evidence from experts
  • hear and determine contractual matters relating to payments or breaches of contract - for instance work that has not been carried out in a proper and workmanlike manner or in accordance with the Australian Consumer Law, or if an owner has caused a builder a loss of profits due to delay or breach
  • issue an enforceable order for the payment of money
  • issue an enforceable order to do or refrain from doing something
  • issue an injunction.

The courts cannot do the following:

  • consider consumer guarantee disputes
  • consider professional conduct issues
  • take professional disciplinary action such as suspending or cancelling a builder’s licence.

Read about how to:

Before you apply

Before filing any dispute in a court, consider getting legal advice.

Which court you should contact

The value of your dispute will determine which of the following courts has jurisdiction over the claim.

Small claims jurisdiction of the Northern Territory Civil and Administrative Tribunal (NTCAT)

This court can decide actions for amounts up to $25,000.

Local Court

This court can decide actions for amounts between $25,001 and $250,000.

Supreme Court

This court can decide actions for amounts over $250,000

How to apply

Read more about how to make a small claim and making a claim through NTCAT.


Contact the Commissioner of Residential Building Disputes

Contact the Commissioner of Residential Building Disputes at the addresses below.

For more information about an application you are making to the Commissioner, you can call Northern Territory Consumer Affairs on 08 8999 1999 or 1800 019 319, or email consumer@nt.gov.au.

In person

These offices are open Monday to Friday from 8am to 4pm.

Darwin

Floor 1 The Met Building
13 Scaturchio Street
Casuarina NT 0811

Alice Springs

Westpoint Complex 
Corner of Railway and Stott Terrace
Alice Springs 0871

Post

PO Box 40946
Casuarina NT 0811