Property & building disputes in Victoria.

Property disputes take several common forms: a buyer or seller who fails to settle, a builder whose work is defective or incomplete, a dispute with an owners corporation over levies or common property, or a disagreement between neighbours about a boundary, fence or easement. Each is governed by its own framework and, often, its own forum.

Where a sale fails to settle, the innocent party can serve a notice of default requiring completion within a set time. If the notice is not met, the contract can be terminated, the deposit forfeited or recovered, and damages claimed, but the notice must be drafted correctly to be effective, and getting it wrong can cost you the remedy.

Domestic building disputes generally must go through conciliation at Domestic Building Dispute Resolution Victoria before proceeding to VCAT, which hears most residential building claims. Larger commercial construction disputes are more often heard in court. Boundary and fencing disputes usually resolve once a licensed surveyor's report settles the facts, and a statutory notice process applies between neighbours before a fencing dispute can be pursued further.

Where building or planning work is happening close to your boundary or affecting your property, act quickly, an injunction to stop work is far more likely to succeed before the work is finished than after.