Your builder insists the cracks are "normal settling." Before you can take the matter to a tribunal, Victoria and NSW both require you to go through free, government-run conciliation first — and skipping it isn't optional.
Victoria: DBDRV as a mandatory first step
Domestic Building Dispute Resolution Victoria (DBDRV) is a free, independent Victorian Government service that homeowners and builders must generally use before a domestic building work dispute can proceed to the Victorian Civil and Administrative Tribunal (VCAT) — except when seeking an injunction to prevent irreversible damage. DBDRV is staffed by Dispute Resolution Officers, mostly trained conciliators and accredited mediators, supported by independent technical assessors for more complex disputes.
What DBDRV can actually do
If conciliation succeeds, the outcome is documented; if it doesn't, DBDRV issues a "Certificate of Conciliation," which VCAT requires before it will accept the matter. Where agreement can't be reached, DBDRV has legislative power to issue binding orders to finalise the dispute directly, without needing to go to VCAT at all in some cases. Between April 2017 and October 2023, DBDRV resolved thousands of disputes that would otherwise have gone to the more costly VCAT process.
NSW: a similar role played by Fair Trading and NCAT
In NSW, the equivalent path generally runs through NSW Fair Trading before a matter proceeds to the NSW Civil and Administrative Tribunal (NCAT). Fair Trading investigates building complaints and can facilitate resolution or inspection before a formal tribunal claim becomes necessary — playing a broadly similar first-contact role to DBDRV in Victoria, though the two schemes aren't identical in process or legal structure.
What to prepare before lodging a complaint
- A clear written record of the defect, including when it was first noticed and how it's progressed since
- Photographs documenting the issue, ideally dated and showing any change over time
- Your original contract and any specifications relevant to the disputed work
- A written record of your attempts to resolve the issue directly with the builder, including their response (including any "normal settling" or similar explanation)
- Any independent assessment already obtained, if you've had one done
The "normal settling" defence — and why it doesn't automatically win
Some degree of movement and minor cracking is genuinely normal in new construction, but a builder's claim that a defect is "within normal tolerances" isn't the final word — that's precisely the kind of technical question an independent assessor engaged through DBDRV, or an inspection arranged through NSW Fair Trading, is meant to evaluate objectively. Don't accept this explanation as automatically correct just because it sounds plausible.
How to actually use the process
- Attempt to resolve the issue directly with the builder first, in writing, and keep that correspondence.
- If unresolved, lodge an application with DBDRV (Victoria) or contact NSW Fair Trading, depending on your state.
- Cooperate with any independent technical assessment arranged as part of the process.
- If conciliation resolves the matter, get the agreed outcome in writing before considering it closed.
- If it doesn't resolve, obtain the required certificate (Certificate of Conciliation in Victoria) before proceeding to VCAT or NCAT.
What this means practically
- In Victoria, DBDRV conciliation is generally a mandatory first step before VCAT will accept a domestic building dispute.
- Both DBDRV and NSW Fair Trading are free to use and don't require a lawyer to get started.
- A builder's explanation that a defect is "normal" isn't final — independent technical assessment is exactly what these processes are designed to provide.
- Keep detailed, dated records from the moment you notice a defect — this is the evidence your case will actually turn on.
Sources
- Justice Connect — What is Domestic Building Dispute Resolution Victoria (DBDRV)?: justiceconnect.org.au
- Victorian Auditor-General's Office — Domestic Building Oversight Part 2: Dispute Resolution: audit.vic.gov.au
Related Kibbo Tools
- Defective Work & Contractor Dispute Evidence Pack — build the documented case DBDRV or NSW Fair Trading will need to see.
- Mediation & Construction Dispute Boards Directory — find the correct contact point for your state.