Victorian Current Acts

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 29

    (1)     A person must not enter into a major domestic building contract to carry out domestic building work for another person unless—

        (a)     the person is a registered building practitioner; and

        (b)     the person's registration authorises the person to carry out the work.

Penalty:     500 penalty units, in the case of a natural person;

    2500 penalty units, in the case of a body corporate.

    (2)     A person must not on behalf of a partnership enter into a major domestic building contract to carry out domestic building work for another person unless—

        (a)     the person is a member of the partnership; and

        (b)     the person is a registered building practitioner; and

        (c)     the person's registration authorises the person to carry out the work.

Penalty:     500 penalty units, in the case of a natural person;

    2500 penalty units, in the case of a body corporate.

    (3)     A person who enters into a major domestic building contract in contravention of this section is not entitled to consideration under the contract unless the amount claimed—

        (a)     is not more than the amount of the costs reasonably incurred by the person in supplying materials and labour for carrying out work under the contract; and

        (b)     does not include—

              (i)     an amount for the supply of the person's own labour; or

              (ii)     an amount of profit by the person for carrying out work under the contract; and

        (c)     is not more than the builder would have been entitled to recover for carrying out work under the contract; and

        (d)     does not include any amount paid by the person that is for the person's own direct or indirect benefit.

    (4)     A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1) or (2).

    (5)     In this section and section 31—

S. 29(5) def. of registered building practitioner substituted by No. 40/2021 s. 46.

"registered building practitioner" has the same meaning as in section 3(1) of the Building Act 1993 but does not include a person who holds a provisional registration or who is a registered builder subcontractor within the meaning of that Act.

Note

See section 241A of the Building Act 1993 which provides that a failure to comply with this section may make a builder ineligible for registration under Part 11 of that Act for up to 3 years.

S. 29A inserted by No. 15/2016 s. 5.