Building contracts in Victoria
What the Domestic Building Contracts Act 1995 (Vic), its Regulations and the Building Act 1993 set for a home building contract.
What a home building contract must meet
| The rule | In Victoria | The source's words |
|---|---|---|
| When the contract rules apply | A major domestic building contract: more than $10,000 (regulation 6; section 3(1) of the Act) | “an amount of $10 000 is fixed.” Domestic Building Contracts Regulations 2017 (Vic), version 004 |
| What the contract must contain | In writing and in English, with all its terms: a detailed description of the work, the plans and specifications, the parties' names and addresses, the builder's registration number, the start and finish dates, the contract price, the date it is made, the prescribed insurance information, the cooling-off notice, the warranties and the checklist; of no effect unless the builder and the owner sign it (sections 31(1) and 31(2)) | “A major domestic building contract is of no effect unless it is signed by the builder and the building owner” Domestic Building Contracts Act 1995 (Vic), version 094 |
| The deposit | 5% where the contract price is $20,000 or more; 10% where it is less (section 11(1)) | “5% of any contract price that is $20 000 or more” Domestic Building Contracts Act 1995 (Vic), version 094 |
| Cooling-off | 5 clear business days after the owner receives a copy of the signed contract (section 34(1)) | “at any time before the expiration of 5 clear business days after the building owner receives a copy of the signed contract” Domestic Building Contracts Act 1995 (Vic), version 094 |
| The owner's copy | No later than 5 clear business days after the contract is entered into (section 25) | “As soon as is practicable, but no later than 5 clear business days, after entering into a domestic building contract” Domestic Building Contracts Act 1995 (Vic), version 094 |
| Progress payments | Capped at each stage: on a contract to build all stages, 10% at base, 15% at frame, 35% at lock-up and 25% at fixing; a contract to lock-up or to fixing stage has its own caps (section 40(2)) | “must not demand or recover or retain under a major domestic building contract” Domestic Building Contracts Act 1995 (Vic), version 094 |
| Home Warranty insurance | Where the builder will receive more than $20,000 under the contract (Building Act 1993, section 3(1)) | “under which the builder will receive more than $20 000 (or any higher prescribed amount)” Building Act 1993 (Vic), version 152 |
| A contract signed before 01/07/2026 | Domestic Building Insurance, which Home Warranty replaced for contracts entered on or after 01/07/2026 | “For major domestic building contracts entered on or after 1 July 2026, builders must purchase Home Warranty.” Building and Plumbing Commission, Domestic Building Insurance for contracts signed before 1 July 2026 |
Not legal advice — your contract's own terms matter too.
Variations in Victoria
- A builder's notice of a variation must describe it, say why it is needed, state its effect on the work and whether a permit variation is required, estimate any delay, and state its cost and effect on the contract price (section 37(1)).
- The builder must not give effect to the variation unless the owner gives a signed consent attached to a copy of the notice (section 37(2)).
The rest of Victoria's variation rules, and the form set to them: variations in Victoria.
Sources
- Domestic Building Contracts Regulations 2017 (Vic), version 004: regulation 6. Read 07/11/2026.
- Domestic Building Contracts Act 1995 (Vic), version 094: sections 3(1), 11(1), 25, 31(1), 31(2), 34(1), 37(1), 37(2), 40(2). Read 27/09/2026, 07/10/2026 and 07/11/2026.
- Building Act 1993 (Vic), version 152: section 3(1). Read 07/11/2026.
- Building and Plumbing Commission, Domestic Building Insurance for contracts signed before 1 July 2026 (updated 15/07/2026). Read 07/11/2026.
Fill in the variation
- $9.90 to send it. Filling it in and the preview PDF are free.
- Both parties sign it. The other party signs from the link we email them, on a phone or a computer — no app, no account.
- Follows your state's rules. It asks for what your state requires and prints its statement, and the PDF ends with a signing record: who signed, when, and from which device.
See a signed example (PDF)A fictional job, signed by both parties.