How to make a building complaint in Tasmania — CBOS, TASCAT, and your options

If you are a homeowner in Tasmania with a building dispute — whether it is unresolved defects, a builder who has stopped work, or a disagreement about the quality of completed work — Consumer, Building and Occupational Services (CBOS) is the primary regulatory authority for building complaints in the state. For disputes that do not resolve through CBOS, the Tasmanian Civil and Administrative Tribunal (TASCAT) handles formal residential building dispute adjudication.

The legislative framework in Tasmania

Building work in Tasmania is regulated by the Building Act 2016 and the Building Regulations 2016. Licensed builders in Tasmania must be registered with CBOS under the Occupational Licensing Act 2005.

Tasmania’s residential building warranty framework includes:

• A statutory warranty period of 5 years for structural defects in residential buildings
• A statutory warranty period of 12 months for non-structural defects
• These run from the date of practical completion (or occupation for the purpose of the building, whichever is earlier)

The warranty framework in Tasmania is broadly similar to other Australian states but with some differences in the warranty periods. If you are uncertain whether your claim falls within the warranty period, CBOS can advise.

Step 1: Attempt to resolve with your builder directly

Before involving CBOS or TASCAT, you must make a genuine attempt to resolve the issue with your builder. This means:

1. Written notice — send your builder a formal written defect notice describing each defect specifically, with photographs attached. Keep a copy of everything you send
2. Allow reasonable time for response — the timeframe for responding will depend on your contract, but seven to fourteen days is typically reasonable for acknowledging the notice
3. Allow reasonable time for rectification — the builder must be given a genuine opportunity to rectify before you escalate. What is “reasonable” depends on the complexity of the work

Document every communication. If your builder disputes the defects exist, or refuses to rectify within a reasonable time, this is the trigger for escalation.

Step 2: Lodge a complaint with CBOS

If you cannot resolve the dispute directly, the next step is to contact Consumer, Building and Occupational Services (CBOS) — part of the Tasmanian Government’s Department of Justice.

CBOS can:

• Investigate complaints about licensed building tradespeople and builders
• Take disciplinary action against builders for non-compliant work
• Refer building disputes for mediation
• Advise on your rights under the Building Act 2016 and related legislation

How to lodge a complaint with CBOS:

• Online through the CBOS website (search “CBOS Tasmania building complaint”)
• By calling the CBOS consumer line
• In writing to CBOS at their Hobart, Launceston, or Devonport offices

Your complaint should include:

• The builder’s name and licence number (check on the CBOS licence register)
• A chronological description of the dispute
• Copies of relevant documents: contract, variations, correspondence, photographs, inspection reports
• What outcome you are seeking

CBOS will assess your complaint and may:

• Contact the builder on your behalf
• Arrange a site inspection by a CBOS inspector
• Recommend mediation
• Take disciplinary action against the builder if there is a licensing compliance issue

CBOS investigation does not guarantee that the builder will rectify work. If the builder continues to refuse, your path forward is TASCAT.

Step 3: Apply to TASCAT

The Tasmanian Civil and Administrative Tribunal (TASCAT) is the primary forum for resolving building disputes in Tasmania that cannot be resolved by negotiation or CBOS mediation.

TASCAT hears disputes under the Building Act 2016 and can:

• Order a builder to rectify defective building work
• Determine whether work was completed in accordance with the contract
• Award compensation for losses arising from defective building work
• Hear appeals from CBOS decisions

TASCAT Consumer, Building and Occupational Division handles building disputes. The relevant jurisdiction for residential building disputes is the Minor Civil Claims Division (for claims under $25,000) or the Civil Division (for larger claims).

How to apply to TASCAT

Applications to TASCAT are made online through the TASCAT portal or in writing to the TASCAT registry in Hobart. Application fees apply and vary by claim amount.

Your TASCAT application should include:

• A description of the building dispute and the outcome you are seeking
• Copies of all relevant evidence (contract, defect notices, photographs, expert reports, correspondence)
• Details of steps you have taken to resolve the dispute before applying
• An expert building inspection report if you are claiming the work is defective (this is not mandatory to file but is practically essential to succeed)

TASCAT proceedings are generally less formal than court but are still adversarial. Both parties present their case, and a member (the TASCAT decision-maker) makes a binding determination.

Home warranty insurance in Tasmania

Tasmania does not have a mandatory home warranty insurance scheme equivalent to Queensland’s QBCC Home Warranty Insurance or NSW’s Home Building Compensation Fund. Tasmanian homeowners generally rely on the builder’s licensing obligations and their own insurance (if applicable) for protection.

If your builder becomes insolvent or disappears, your options in Tasmania are:

• Any insurance the builder held voluntarily (check your contract)
• A claim under the builder’s public liability insurance (if applicable)
• CBOS investigation (though a dissolved company cannot be compelled to act)

This is an area where Tasmanian law provides less consumer protection than some other states. Seeking legal advice early is important if your builder has become insolvent.

Preparing your complaint: evidence checklist

Whether you are approaching CBOS or TASCAT, thorough documentation is essential.

• Signed copy of your building contract and inclusions schedule
• All variation orders signed by both parties
• All correspondence with your builder (emails, letters, text messages)
• Written defect notices you have served and the builder’s responses
• Dated photographs of every defect (with a scale reference)
• An independent building inspection report if available
• Records of all payments made (receipts, bank records)
• Your builder’s licence number (from CBOS register)

An independent building inspection report from a qualified inspector (look for members of the Australian Institute of Building Surveyors — AIBS) significantly strengthens your claim. An inspector can produce an objective, professional assessment of whether work meets the NCC and Australian Standards.

Time limits

Do not delay. Tasmanian building law imposes time limits on claims:

• Structural defect warranty: 5 years from practical completion
• Non-structural defect warranty: 12 months from practical completion
• General limitation periods under the Limitation Act 1974 may also apply for contract claims (typically six years)

If you are approaching the end of a warranty period, lodge your complaint or TASCAT application before the deadline expires, even if you are still in discussions with the builder.

Key Takeaways

• The Building Act 2016 governs building work in Tasmania; CBOS (Consumer, Building and Occupational Services) is the licensing and complaint authority for licensed builders
• Tasmania has a 5-year statutory warranty for structural defects and 12-month warranty for non-structural defects, running from practical completion
• Attempt to resolve with your builder in writing first; if unsuccessful, lodge a complaint with CBOS who can investigate and refer to mediation
• For disputes that cannot be resolved through CBOS, apply to TASCAT (Tasmanian Civil and Administrative Tribunal) for a binding determination
• Tasmania does not have mandatory home warranty insurance — if a builder becomes insolvent, seek legal advice immediately
• Prepare a complete evidence file (contract, photographs, defect notices, inspection report) before approaching CBOS or TASCAT; claims succeed on evidence