On 1 January 2013 changes to The Building Act commenced.  The amendment includes consumer protection through the inclusion of a dispute resolution process incorporating consumer guarantees.  

 Consumer Affairs manages the dispute resolution aspects of The Building Act as the Commissioner of Residential Building Disputes.   If you, as a consumer, have a dispute with your builder,  contact Consumer Affairs to assist in resolving the dispute.

 

 Applications

 Before you make an application to the Commissioner of Residential Building Disputes (the Commissioner),  please ensure that you have spoken to NT Consumer Affairs regarding your complaint as we may be able to assist before taking this step.

To be eligible to apply to the Commissioner for one of the applications listed below, your residential building contract is to have commenced on or after 1 January 2013.
 
    

Application for Mediation or Conciliation

If you are an owner or builder having trouble communicating with each other and you would like assistance,  you may apply to the Commissioner for Mediation or Conciliation.  If the application is accepted, both parties must agree to the mediation or conciliation. 
 
The Commissioner may make a binding decision based on the mutual agreement.
 
  • Application for Mediation or Conciliation   -  pdf  word
No fee applies for this application.
 
If you have any enquires in relation to these applications, or to ensure that you are eligible to apply, please contact Consumer Affairs by phone on 08 8999 1999 or 1800 019 319 or by email consumer@nt.gov.au 
 
  

Application for a Technical Inspection

This application is used if residential building work that is carried out is defective.  If the application is accepted, the Commissioner can give notice for a technical expert to inspect the building work and provide a report. 
 
  • Application for Technical Inspection -  pdf word

Application Fee

An application fee applies - this fee is based on the value of a revenue unit.  The value of a revenue unit is subject to change annually.
 
Link for explanation of Revenue Units:  Click Here
The prescribed Revenue Units for this application is: 200
How to calculate the application fee:
Prescribed Revenue Units x value of a revenue unit = application fee. 
(ie 200 x $1.15 = $230)
 
  

Application to the Commissioner for a Decision

This application is used if you believe that a Consumer Guarantee has not been fulfilled in relation to building work.  A Consumer Guarantee is described as:
 
  1. The building work is to be carried out in a workmanlike manner in accordance with the plans and specifications;
  2. The materials supplied will be suitable for the purpose and are to be new unless otherwise specified;
  3. The building work will be carried out in accordance with Northern Territory legislation; and,
  4. The building work will be carried out with reasonable care and skill.
To apply to the Commissioner for a Decision;
 
  1. The contract for the building work must have ceased or one of the parties consider the contractual obligations fulfilled or the relationship between parties has broken down irretrievably; and,
  2. The effective period has not expired, which is six years for structural defects and one year for non-structural defects.
 If the application is accepted the Commissioner will set a hearing date and a binding decision can be made against either party.
 
  • Application to Commissioner for Decision  -  pdf  | word 
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    Application Fee

    An application fee applies - this fee is based on the value of a revenue unit.  The value of a revenue unit is subject to change annually.
     
    Link for explanation of Revenue Units:  Click Here
    The prescribed Revenue Units for this application is: 100
    How to calculate the application fee:
    Prescribed Revenue Units x value of a revenue unit = application fee. 
    (ie 100 x $1.15 = $115)
      
     
    If you have any enquires in relation to these applications, or to ensure that you are eligible to apply, please contact Consumer Affairs by phone on 08 8999 1999 or 1800 019 319 or by email consumer@nt.gov.au 
     
      

    Factsheets

    • Building Disputes - pdf | word 
    • Negotiated Agreement Process  - pdf | word 
    • Application for Mediation or Conciliation - pdf | word 
    • Application for a Technical inspection - pdf | word 
    • Application to the Commissioner for a Decision -  pdf | word 

     

    Legislation

     

    Other Useful Links