This information applies to residential building work only.
What is residential building work?
This includes:
- landscaping
- fencing
- putting in a pool
- garage or shed
- renovating and repairs
- building of a new house.
How do I choose a builder or tradesman?
Builders who do work over $1100 and other trade contractors such as plumbers drainers, gasfitters and electricians are required to be licensed.
You should check if the contractor you have chosen is appropriately licensed before you decide to have them do your work.
For building work including structural landscaping, the Building Services Authority (BSA) can provide you with a free online licence search of the builder including their disciplinary records and records of construction work. The Queensland Government can provide a free electrical licence search online.
For plumbers and gasfitters refer to the appropriate licensing board.
What about plans?
If you are building a house the builder may draw up their own plans or you may choose to get a designer engineer or architect to draw up plans.
All house plans and some renovation or landscaping work is subject to council approval. Check with you local council if you need approval for the work you want done.
You should make sure that the plans reflect the building work you want done. It is important to communicate want you want to the person drawing the plans and make sure they understand what it is you want and the quality of materials to be used.
The plans are very important as they not only form the basis of the building work but they also form part of the building contract.
All plans and specifications are subject to copyright and cannot be used by another trader.
Do I have to get a quote?
It is a good idea to get three written quotes based on any plans that you have. For smaller projects if there are no plans then explain clearly what the work you want done is and what quality of materials will be used.
Compare the quotes and make sure they are quoting on the same things. It is best to get a fixed price. Be aware of any items in the quote that are not a fixed price as these may become very expensive later.
A written quote can form the basis of a contract where no other contract is signed and it sets out a fixed price and details the work to be done.
Do I have to sign a contract?
When you are building a house you will be asked to sign a contract by the builder it is a good idea to have a private solicitor look over the contract before you sign it.
When you sign a contract for residential building work including landscaping or plumbing or electrical for more than $3300 you will have a cooling off period of five business days. This cooling off period does not apply if you have received formal legal advice before you sign the contract. There is a fee associated with withdrawing from the contract and you must advise the builder in writing of your withdrawal.
You have the right to receive a copy of any contract you sign.
In smaller domestic building works, such as landscaping, often traders do not ask you to sign a contract. In these instances a written quote can form the basis of a contract. It should specify clearly a final price and what work is to be done. If you make other arrangements that change the work to be done in the written quote then these should be in writing.
If the trader does not use a standard written agreement, the BSA provides plain English contract kits for work over $3300 and another one for work under $3300.
Disputes arise and cannot easily be resolved when contracts are not written down or some specifications are left out of the contract.
It is important to make sure the trader knows exactly what you expect him or her to do and then record that in detail.
All contracts should include a reasonable estimate of when the work will be completed.
Should I get insurance?
Builders are required to pay an insurance premium to the BSA before starting work on certain residential construction work over $3300. You should get a copy of their policy.
What happens if I run into problems?
Start by approaching the builder or trader directly with your concerns.
If the problem is not solved this way, then put your concerns in writing and give the builder or trader a reasonable time, about 14 days, to fix the defect.
If you are not happy with the trader's response then you may want to consider mediation. Building Services Authority and Master Builders Association have complaints and mediation services. You can also make a complaint to the BSA for incomplete or defective building work. The BSA advisory service give you information about how to do this and in what circumstances they can help.
Do not end a contract without legal advice as not every defect justifies ending the contract.
If the dispute is still not resolved you should get private legal advice.
The Queensland Civil and Administrative Tribunal (QCAT) deals with building disputes.