Problems, Claims and Official Sources
Roofing problems and where to get help: regulators, tribunals and ombudsmen by state
Which body handles a leaking new roof, an unfinished job, an unlicensed roofer, a denied storm claim or a door-to-door scam in each Australian state, and the steps to take first.
Where you go with a roofing problem depends on what kind of problem it is. Defective or unfinished building work goes first to the contractor in writing, then to your state building regulator (Building Commission NSW, the Building and Plumbing Commission in Victoria, the QBCC in Queensland, Building and Energy in WA, and equivalents elsewhere), and if unresolved to the state tribunal (NCAT, VCAT, QCAT, the WA Building Commissioner and SAT). A dispute with your home insurer goes to the insurer's internal complaints team and then to the Australian Financial Complaints Authority (AFCA). Misleading sales tactics and door-to-door pressure are Australian Consumer Law issues for your state fair trading body and the ACCC. Asbestos safety goes to your state work health and safety regulator. This guide maps each problem to the right body and links to the detailed guides in this section.
Problem-to-body map
| Problem | First step | Then | Guide |
|---|---|---|---|
| New roof leaks or has defects | Written notice to the contractor with photos | State building regulator; tribunal; home warranty insurance where the scheme allows | Defective roof work |
| Contractor stopped work or disappeared | Written notice; check licence status | Regulator; home warranty insurance claim | Home warranty insurance |
| Contractor unlicensed | Check the register | Report to the regulator | Licence thresholds |
| Deposit above the legal cap | Ask for it to be credited | Regulator or fair trading body | Deposits |
| Insurer denies storm claim as wear and tear | Ask for reasons in writing; internal complaint | AFCA | Storm vs wear and tear, AFCA disputes |
| Door-knocker pressure, misleading claims | Use your cooling-off rights | State fair trading body; ACCC; Scamwatch | Storm-chaser scams |
| Asbestos handled unsafely | Stop work; keep away | State WHS regulator; environment protection authority for illegal dumping | Asbestos roof guide |
| Neighbour's roof water or damage | Talk to the neighbour | Council; community justice centre; tribunal or court | — |
| Want to avoid all of the above | Prepare before signing | — | Roof replacement mistakes to avoid |
State and territory bodies
| Jurisdiction | Building regulator and dispute service | Tribunal | Consumer law body |
|---|---|---|---|
| NSW | Building Commission NSW (licensing, building disputes, home building compensation information) | NSW Civil and Administrative Tribunal (NCAT) | NSW Fair Trading |
| Victoria | Building and Plumbing Commission, including its domestic building dispute resolution service (formerly DBDRV) | Victorian Civil and Administrative Tribunal (VCAT) | Consumer Affairs Victoria |
| Queensland | Queensland Building and Construction Commission (QBCC), including early dispute resolution and directions to rectify | Queensland Civil and Administrative Tribunal (QCAT) | Office of Fair Trading Queensland |
| WA | Building and Energy (Department of Local Government, Industry Regulation and Safety); building service complaints to the Building Commissioner | State Administrative Tribunal (SAT) for reviews | Consumer Protection WA |
| SA | Consumer and Business Services | South Australian Civil and Administrative Tribunal (SACAT) or Magistrates Court | Consumer and Business Services |
| Tasmania | Consumer, Building and Occupational Services | Tribunal or court as directed by CBOS | CBOS |
| ACT | Access Canberra | ACT Civil and Administrative Tribunal (ACAT) | Access Canberra |
| NT | Building Practitioners Board; NT Consumer Affairs | NT Civil and Administrative Tribunal (NTCAT) | NT Consumer Affairs |
In Victoria, most domestic building disputes must go through the dispute resolution process before VCAT will hear them. Several states have a similar step.
Steps that help in every dispute
- Write it down. Describe the problem, date, location on the roof and what you want done. Email is fine; keep a copy.
- Gather evidence. Photos of the roof, ceiling stains, the ceiling space, and any rain events with dates. Keep the quote, contract, variations, invoices, receipts and messages.
- Give a reasonable deadline. For example 14 days to inspect and propose a fix.
- Do not let other contractors fix it yet unless it is urgent. If you must make the roof safe, photograph first and keep records. The regulator may want to inspect the original work.
- Check time limits. Warranty periods, insurance notification periods and tribunal limitation periods all run. Do not wait.
- Contact the regulator. Most offer free information lines and can tell you the next step.
When to get legal help
Consider a lawyer, a community legal centre or Legal Aid where the amount is large, the contractor disputes liability, the job involves structural defects, or you are considering withholding payment or terminating the contract. A building consultant's report is often the key evidence in a tribunal.
Worked example: a leak after nine months (illustrative)
A Brisbane owner's $26,000 re-roof leaks at a valley nine months after completion. The owner:
- Emails the contractor with photos on day 1 and asks for an inspection within 14 days.
- The contractor does not respond. On day 15 the owner lodges a complaint with the QBCC, which can, depending on the case, refer it to early dispute resolution or inspect and issue a direction to rectify.
- If the contractor does not comply and the work is covered by the Queensland Home Warranty Scheme, the owner may be able to claim under the scheme within its time limits.
- If the issue is a commercial dispute rather than defective work, QCAT may be the forum.
The order and the bodies differ by state, but the pattern is the same: contractor, regulator, insurance or tribunal.
Frequently asked questions
Can I complain anonymously about an unlicensed roofer?
Regulators generally accept reports about unlicensed work; some allow anonymous tips. Your own dispute will need your details.
Does AFCA handle building disputes?
No. AFCA handles disputes with financial firms such as insurers and lenders. Building work disputes go to your state's building regulator and tribunal.
Is there a cost to lodge a complaint?
Regulator complaints are generally free. Tribunals charge application fees that vary by state and amount.
What if the contractor has gone broke?
Check whether home warranty insurance was required and issued. Notify the insurer or scheme promptly.
Sources
- NSW Government building and renovating — Building Commission NSW complaints and licence checks
- NSW Civil and Administrative Tribunal — home building division
- Building and Plumbing Commission Victoria — dispute resolution and complaints
- Victorian Civil and Administrative Tribunal — domestic building list
- Queensland Building and Construction Commission — complaints and directions to rectify
- Queensland Civil and Administrative Tribunal — building disputes
- Australian Financial Complaints Authority — insurance disputes
