Contract variations in Victoria
What the Domestic Building Contracts Act 1995 (Vic) asks of a variation, and a form that follows it. Fill it in below — the document uses the VIC wording.
What the law says
- 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)).
- A builder is not entitled to recover any money for a variation unless the builder has complied with section 37 and can establish that the variation was made necessary by circumstances that could not have been reasonably foreseen when the contract was entered into — or VCAT is satisfied that there are exceptional circumstances or the builder would suffer significant or exceptional hardship, and that it would not be unfair to the owner (section 37(3)).
- If the builder reasonably believes a variation the owner asks for will not need a variation to any permit, will not cause any delay and will not add more than 2% to the original contract price stated in the contract, the builder may carry it out (section 38(2)). Otherwise the builder must give a notice of its effect on the work, any delay and its cost, or refuse with reasons (section 38(3)), and must not give effect to it until the owner gives a signed request attached to a copy of that notice (section 38(5)).
- Sections 37 and 38 do not apply to contractual terms dealing with prime cost items or provisional sums (sections 37(5) and 38(8)). The builder must give the owner a copy of any invoice, receipt or other document that shows the cost to the builder of a prime cost item, or relates to a provisional sum, as soon as practicable after receiving it (section 23).
- These rules apply to major domestic building contracts — over $10,000 (Domestic Building Contracts Regulations 2017, regulation 6).
Source: Domestic Building Contracts Act 1995 (Vic), read 27/09/2026. A summary, not legal advice.
What the document prints for VIC
When the builder asks (or a law or authority requires it):
The builder gives this notice of a variation under section 37 of the Domestic Building Contracts Act 1995 (Vic). The builder must not give effect to the variation unless the owner gives a signed consent to it; the owner's signature on this document is that consent.
When the owner asks:
The owner has asked for this variation, under section 38 of the Domestic Building Contracts Act 1995 (Vic). This document sets it out, with its effect on the work, the time and the contract price, for both parties to sign.
Besides the parties, site, description and priced lines, the form asks for why it is needed, when the builder asks for it; the estimated delay, if the completion date moves; whether an amended permit or approval is needed.