Articles

A builder in Wodonga can cross the bridge into Albury, and one in Queanbeyan can drive ten minutes into Canberra. On the other side of each border is a different regulator, a different tribunal and a different set of rules about how defective work is ordered to be fixed.

Many builders who work across the Victoria–NSW–ACT borders assume one set of rules travels with them. It doesn’t. In all three jurisdictions, the regulator can now order a builder to rectify work. But who issues the order, where you challenge it, how fast you must move and who else is exposed are all different.

We act for building practitioners in all three jurisdictions. This is what cross-border builders need to know.

Rectification orders: same idea, three different regimes 

Victoria: The Building and Plumbing Commission (BPC) can issue rectification orders requiring persons responsible for building work to remedy incomplete, defective or non-compliant work, including work completed before 1 July 2026, subject to the applicable statutory requirements. Before issuing an order, the BPC will generally provide notice and an opportunity to respond. An application for VCAT review must generally be made within 28 days of receiving notice of the decision. The order remains operative during the review. Rectification orders may be published on the Register of Building Practitioners.

NSW: Building Commission NSW issues rectification orders to contractors under s 49B of the Home Building Act 1989 (NSW). A contractor may appeal to NCAT, and failing to comply is an offence under s 49E. Contractors are given notice of an intended order, and the Building Commission’s guidance refers to an appeal period of 30 days. The Commission publishes its orders online, naming the builder and the address.

ACT: The Construction Occupations Registrar (Access Canberra) can make rectification orders under Part 4 of the Construction Occupations (Licensing) Act 2004. It must first give notice of its intention, and the order can be challenged at ACAT. The Registrar issued 12 rectification orders against registered builders in 2024–25, up from 8 in 2021–22.

At a glance

	Victoria	NSW	ACT
Regulator	Building and Plumbing Commission	Building Commission NSW	Construction Occupations Registrar (Access Canberra)
Power	Building Act 1993, Part 5A	Home Building Act 1989, s 49B	Construction Occupations (Licensing) Act 2004, Part 4
Warning before an order	Generally, notice and an opportunity to respond	Notice of intention to issue	Notice of intention to make the order
Where you challenge it	VCAT – generally within 28 days of notice of the decision	NCAT	ACAT
Does the order pause while you challenge it?	No – the order remains operative during VCAT review	Seek advice immediately on whether to apply for a stay	Seek advice immediately on whether to apply for a stay
Public record	Rectification orders may be published on the Register of Building Practitioners	Orders published online	—

The practical lesson is the same everywhere: the window between the first notice and the order is where a builder has the most influence. Use it.

Liability and personal exposure: where the differences bite

NSW: Limits on proportionate liability. Limits on proportionate liability. Under the statutory duty of care in the Design and Building Practitioners Act 2020 (NSW), the High Court held in Pafburn Pty Ltd v The Owners – Strata Plan No 84674[2024] HCA 49 that a builder or developer cannot reduce its liability by attributing responsibility to subcontractors and consultants to whom it entrusted the relevant work. However, liability must first be established, and the builder or developer remains free to pursue appropriate cross-claims against other responsible parties. A Victorian builder accustomed to arguing over each party’s share of responsibility should be aware that a proportionate liability defence may not be available in equivalent NSW statutory duty of care proceedings.

Victoria: Proportionate liability and increased regulatory exposure. The proportionate liability regime under the Wrongs Act 1958 (Vic) may apply to certain building defect claims, depending on the cause of action and applicable statutory provisions. Separately, the BPC’s rectification powers, home warranty insurance reforms and minimum financial requirements increase the regulatory and financial obligations imposed on building practitioners.

ACT: Directors’ personal liability. In the ACT, the Registrar can pursue the directors of a building company that has been wound up. In Victoria, new laws commencing no later than 1 December 2027 bring civil penalties and wider personal liability for directors in the most serious cases. A director who runs companies on both sides of a border can face both.

Directors. In the ACT, the Registrar can pursue the directors of a building company that has been wound up. In Victoria, new laws commencing no later than 1 December 2027 bring civil penalties and wider personal liability for directors in the most serious cases. A director who runs companies on both sides of a border can face both.

What’s coming in NSW

The Building (Approvals and Practitioners) Act 2026 (NSW) received assent on 14 August 2026. It establishes a new framework for building approvals, regulatory oversight and the registration of building professionals. Its commencement and transitional provisions will determine when particular requirements take effect, including changes affecting the existing Design and Building Practitioners Act 2020 (NSW) framework.

What to do on day one

Whichever side of the border the notice comes from:

1. Call a construction lawyer the day it arrives. The notice of an intended order is your best chance to shape the outcome.
2. Identify the jurisdiction and the deadline. The tribunal, the time limits and whether the order pauses all depend on where the work is.
3. Obtain advice before undertaking rectification work or making admissions. Ensure that any steps taken are consistent with your statutory obligations and applicable compliance deadlines.
4. Preserve the evidence. Keep site records, inspection reports, variations, photos and all correspondence.
5. Think about your other jurisdictions. An order or disciplinary finding in one place can follow you into the others.

Lovegrove & Cotton acts for builders and building practitioners in Victoria, NSW and the ACT. If a notice or order arrives, call us on (03) 9600 4077 or email enquiries@lclawyers.com.au the day it lands.

Read more: Rectification Orders – What Builders and Developers Need to Know · Building Directors in the Firing Line for Rectification Orders in the ACT

About the authors

Justin Cotton is a Director of Lovegrove & Cotton and heads the firm’s practitioner advocacy practice. For nearly 20 years he has represented builders, building surveyors and building certifiers in disciplinary proceedings, and he appears at VCAT and NCAT. His practice is cross-jurisdictional: he is instructed by building practitioners and small to medium enterprises in NSW, Victoria, the ACT and Queensland. He chairs the HIA Victorian Industrial Relations and Legal Services Committee, is admitted in Australia and New Zealand, and was named in Global Law Experts 2024 for construction law in Australia.

Tsigereda Lovegrove is a Construction and Planning Lawyer and Manager at Lovegrove & Cotton. She conducts matters in VCAT, NCAT, the County Court and Supreme Court, and the Building Appeals Board. She is a Board Member of the International Building Quality Centre and Secretary of its Dispute Resolution Coalition, and an Adjunct Fellow at Southern Cross University. She was named in Global Law Experts 2024 for construction law in Australia, and advises in English and Amharic.

Disclaimer

This article is general information only and is not legal advice. It reflects the law and regulator guidance in Victoria, NSW and the ACT as at October 2026. Obtain advice specific to your situation before acting.

Image Acknowledgements:

The digital renders used in this article were developed collaboratively by Lovegrove & Cotton and ChatGPT