VCAT Domestic Building Dispute: Do You Need BPC Conciliation First?

You Can't Skip Straight to VCAT for Most Building Disputes

If your builder walked off mid-renovation or did shoddy work on your house, your first instinct is probably to file at VCAT. But for most owner-related domestic building disputes in Victoria, VCAT isn't your first stop — the Building and Plumbing Commission (BPC) is.

Under the Domestic Building Contracts Act 1995 (Vic), most disputes about domestic building work must go through the BPC's dispute-resolution process before a VCAT application. The service was formerly known as Domestic Building Dispute Resolution Victoria (DBDRV) and now operates under the BPC.

Before applying to VCAT, you must complete the required BPC process and obtain the certificate of conciliation that allows the dispute to proceed. A direct application without the required certificate is not the correct route.

How the BPC Conciliation Process Works

The BPC provides free conciliation for domestic building disputes. Here's the sequence:

1. Lodge an application with the BPC through its online process. You'll need your building contract, evidence of the defective or incomplete work, and any correspondence with the builder.
2. BPC assesses the dispute and determines whether it falls within their jurisdiction. Not every building-related disagreement qualifies — the dispute must involve domestic building work performed under a domestic building contract.
3. A conciliation conference is scheduled. Both parties attend (usually by phone or video). A BPC conciliator works through the issues and tries to reach agreement.
4. If conciliation resolves the dispute, the agreed terms are recorded. If it does not resolve the dispute or the matter is unsuitable for conciliation, the BPC may issue a Certificate of Conciliation that enables a VCAT application.
5. Take the certificate to VCAT. You can now lodge your application in VCAT's Building and Property List (not the Civil Claims List — building disputes go to a specialist list).

The entire BPC conciliation process is free.

When BPC Conciliation Doesn't Apply

Not every contractor dispute requires BPC conciliation. The key distinction is whether the work qualifies as "domestic building work" under the Act:

• Requires BPC referral: Most owner-related disputes about domestic building work, including home renovations, extensions, structural repairs, and new builds. The work and contract must meet the BPC's eligibility criteria; the type of work matters, not just whether the contractor is registered.
• Goes straight to VCAT Civil Claims List: General service disputes — a plumber who installed a tap that leaks, an electrician who didn't finish a job that wasn't part of a building contract, a landscaper who didn't show up.

The dividing line is the nature and scope of the work and whether the contract meets the BPC's eligibility criteria. If you're unsure which category your dispute falls into, check eligibility with the BPC before applying.

What About VCAT's Civil Claims List?

If your dispute is about goods or services — not domestic building work — you file in VCAT's Civil Claims List under the Australian Consumer Law and Fair Trading Act 2012 (Vic). No BPC referral needed. The application fee for claims up to $15,000 is $202.10 (standard rate) or $67.40 (concession), and you can lodge online through the myVCAT portal.

Our VCAT Civil Claim Filing Guide walks through the entire Civil Claims List process from demand letter to hearing — including how to verify whether your contractor dispute belongs in the Civil Claims List or the Building and Property List.

Common Mistakes With Building Disputes

Filing in the wrong VCAT list. The Civil Claims List and the Building and Property List are separate. Filing a domestic building dispute in the Civil Claims List results in rejection or transfer, adding months of delay.

Naming the trading name instead of the legal entity. Search the builder's business name on ASIC or ABN Lookup. Your application must name the registered company or the individual behind the trading name.

Waiting too long. The general limitation period for contract claims in Victoria is six years, but defects in building work may have different timeframes depending on the contract and the legislation. Don't assume you have unlimited time.

If you're dealing with a general goods or services dispute at VCAT rather than a domestic building matter, the step-by-step filing guide covers everything from the initial demand letter through to hearing preparation.

See more Victoria guides →