Whether you’re a homeowner, builder, tenant, or investor, disputes involving property can quickly become stressful, expensive, and time-consuming. In Victoria, building and property disputes are common and often arise due to poor workmanship, contract breaches, boundary issues, or disagreements over property rights.
Understanding your legal rights and the dispute resolution process can help you protect your investment and reach a resolution faster and more effectively.
What Are Building and Property Disputes?
Building and property disputes refer to legal conflicts between individuals or parties relating to real estate, construction, or property usage. These disputes may involve:
Common Building Disputes
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Defective or incomplete building work
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Delays in construction
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Breach of building contracts
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Disputes with builders, subcontractors, or developers
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Insurance claims under the Domestic Building Insurance scheme
Common Property Disputes
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Boundary and fencing disputes
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Ownership or title disagreements
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Easement and right-of-way issues
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Misrepresentation during property sales
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Lease and rental disputes (residential or commercial)
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Disputes with neighbours (noise, trees, access)
Why Do These Disputes Arise?
Some of the most common causes include:
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Poor communication between parties
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Unclear or poorly drafted contracts
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Misunderstandings over responsibilities
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Disputes over quality, cost, or timelines
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Structural or safety issues post-construction
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Changes in ownership or land usage
These matters can often escalate if not addressed early — turning into costly litigation or tribunal cases.
What Should You Do If a Dispute Arises?
If you’re facing a building or property dispute, the best first step is to get legal advice early. Here’s what the typical process may involve:
1. Gather Evidence
Keep contracts, emails, reports, invoices, photos of damage or construction work, and any other relevant documentation.
2. Attempt Resolution
Try to resolve the dispute through open communication or formal dispute resolution (e.g. mediation).
3. Engage Legal Representation
A solicitor experienced in property and construction law can represent your interests and advise on your rights.
4. Take the Matter Further (If Needed)
Depending on the issue, you may need to escalate to:
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VCAT (Victorian Civil and Administrative Tribunal) for domestic building disputes
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Supreme or County Court for higher-value or more complex matters
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Consumer Affairs Victoria for rental and tenancy issues
The Role of Contracts and Legal Advice
Clear, professionally drafted contracts can prevent many disputes from occurring in the first place. Whether it’s a building contract, lease agreement, or sale of land, your lawyer ensures the terms are fair, legally binding, and in your best interest.
Additionally, seeking legal advice before signing a building or property agreement can help identify risks you may not be aware of.
Why Choose Shan Lawyers for Building & Property Disputes?
When property is on the line, you need legal support you can trust. Shan Lawyers are experienced in resolving complex building and property disputes — both in and out of court. Their team takes a proactive, results-driven approach, helping clients across Victoria protect their investments and find practical, cost-effective solutions.
Whether you’re dealing with a difficult builder, a neighbour boundary issue, or a contract dispute, Shan Lawyers provide expert legal guidance every step of the way.
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