VCAT Building Disputes: What You Need To Know Before Applying

Getting any building project off the ground is always going to be a very intense time even with the best laid plans and project management in place. The first part of the process to ensure that you have got a planning permission from the local Council. Even if the council planning committee approve the plans there still could be local opposition. If the council turns down your proposal, you will need help in preparing for the Victorian Civil & Administrative Tribunal or VCAT. Building disputes, whether commercial or domestic, are reviewed with VCAT so it is important to understand what you need to know before applying.

What cannot VCAT help with?

Before applying you need to know what VCAT cannot help you with in regard to buildings and planning. Since 26 April 2017, if your query is around a domestic building dispute involving a homeowner relating to a domestic building contract or domestic building work you need to apply to the Domestic Building Dispute Resolution Victoria (DBDRV) first. If your dispute involves one of the parties involved in the dispute living in another state or if one of the parties is a Commonwealth government organisation, then VCAT cannot help you. If you are unsure, it is important to speak to an experienced organisation who can clarify if you need representation or are eligible to have representation for a VCAT building dispute.

What Can VCAT Help With?

VCAT tribunals can help with disputes about commercial and domestic building work and can also review decisions made by the DBDRV. They can also review decisions made by a warranty insurance company as well as decisions made by the Victorian Building Authority.

What Information do I Need to Begin a Proceeding?

The VCAT application form requires a number of documentation and details to be submitted with the form. Some of this is standard such as your contact details and the contact details of the other party in the dispute, the site address and details of any contract in dispute along with itemised details of your claim including costs. There is also a requirement for a document that sets out the exact details of the claim known as a “point of claim” document. This needs to be submitted along with any order or orders you want VCAT to make, in accompaniment with any grounds that you will rely on to reinforce your claim.

There are other supporting documents that can be submitted such as quotations for completing the work or fixing defects, expert reports, invoices, technical drawings or site photographs which all help to address your building dispute. If you are applying for a review of a decision under the DBDRV or Victorian Building Authority then you will have to provide copies of all the relevant notices or orders relating to any previous decisions.

What are the Costs Involved?

This is yet another factor to add to your budgetary costs as there is a fee to lodge with the application. The cost of the fee will vary and if the case goes to a hearing, then you can be liable for hearing fees as well. These depend on how long the hearing goes on for along with the amount of money you are claiming. The VCAT website can help with identifying the fees that might apply and VCAT updates their charges annually from 1 July each year.

Enlist the Help of Professionals Knowledgeable About the Local Area.

The difficulty could be that you are not sure what should be put together as part of this dispute or what legal grounds you are challenging relating to a decision. It could also be that you do not fully understand the decision behind why a Council is refusing a planning permission or why there have been strict conditions put onto your planning permit. Furthermore, if you have never attended a hearing before there will be concerns about what and how you should prepare yourself and your case which is why it is important to get representation.

Companies with experience of understanding the Council’s expectation for land use and development projects will help save you a lot of time, hassle and money. With their help and support, your case will be in the best possible position to get a favourable outcome for your VCAT building dispute.