Building Disputes in Tasmania: CBOS and TASCAT Explained

If you're a Tasmanian homeowner dealing with a builder who won't fix defects, has left work incomplete, or has stopped responding, there's a structured — and largely free — process designed to resolve residential building disputes without going straight to court.

This guide explains how a Tasmanian home building dispute moves through the system in 2026: direct resolution first, mandatory mediation through CBOS, and TASCAT if mediation fails. We're not lawyers and this isn't legal advice — it's a plain-English map for homeowners.

The order of operations matters

Tasmania's dispute resolution for residential building work is governed by the Residential Building Work Contracts and Dispute Resolution Act 2016. For eligible contracts, mediation is mandatory before you can go to TASCAT or court. Skip the mediation step and your tribunal application will likely be rejected.

Who this process covers

The formal mediation pathway applies to residential building work contracts:

• Worth $20,000 or more
• Signed on or after 1 January 2017
• Where a dispute has arisen about the contract or the performance of the work

If your contract falls outside these criteria, different pathways may apply — contact CBOS for advice.

The path through a Tasmanian building dispute

Step 1 — Talk to your builder, and put it in writing

Before any formal process, notify your building contractor of your concerns. CBOS expects you to have made a reasonable attempt to resolve the issue directly — and the Director can reject your notice of dispute if you haven't.

If talking doesn't work, write to the builder with the details of each issue. Give a reasonable timeframe to respond — 14 days is a common starting point. CBOS provides a template Notice of Dispute on their website.

Two things matter enormously, and both are about the record:

• In writing. Confirm on-site conversations in a follow-up email the same day.
• Dated and together. When this escalates, you'll need to show what the issue is, when you raised it, and what the builder said.

Learn exactly how to document a building defect so it holds up →

You can also speak to the building surveyor engaged for your project about serious defects — non-compliance with approved plans or building codes. A surveyor can issue inspection directions or building orders, though they can't settle payment or contract disputes.

Step 2 — Serve a Notice of Dispute

For eligible contracts, serve a formal Notice of Dispute on the building contractor. This commences the mediation process. CBOS provides a template Notice of Dispute on their website.

The notice should clearly describe each issue in dispute and reference your contract where relevant.

Step 3 — Lodge with CBOS and attend mediation

Lodge your notice of dispute with the Director of Building Control at CBOS (Consumer, Building and Occupational Services, within the Department of Justice). The Director must accept or reject your notice within 10 business days.

If accepted, the Director establishes a mediation panel within 2 business days. The panel mediates the dispute and has 20 business days to help the parties reach a settlement.

Mediation is free. It may be conducted by phone, video, or in person. The panel can request documents and information from both parties within specified timeframes.

If the parties reach agreement, it can be registered and becomes binding and enforceable — including through TASCAT.

Step 4 — Work-completion claim and adjudication (within 12 months)

If your dispute arises within 12 months of practical completion and mediation fails, an owner may serve a Work-completion Claim on the builder. If the builder doesn't satisfactorily complete the specified work within the allowed period, the owner can apply for adjudication by an independent expert panel. This is a separate, faster pathway available only in the early post-completion window.

Step 5 — Apply to TASCAT

If mediation doesn't resolve the dispute, you can apply to the Tasmanian Civil and Administrative Tribunal (TASCAT) for a formal hearing and binding decision.

TASCAT will not accept an application if:

• The contract was entered into before 1 January 2017
• The parties haven't genuinely attempted to resolve the dispute
• Formal mediation through the Director hasn't been attempted
• Court or other proceedings are already underway for the same dispute

TASCAT is designed to be accessible for self-represented homeowners. Present your contract, photos, correspondence, and any mediation records.

How long do you have?

Mediation is available for disputes relating to building work that is less than six years old, measured from:

• The date of practical completion, or
• If there's no practical completion, within six years after the work was performed

This is a strict window. If you're anywhere near the edge, lodge your notice of dispute promptly.

Do you need a lawyer?

Many homeowners navigate CBOS mediation and even TASCAT without legal representation, especially for straightforward defect claims. For high-value disputes, complex contract interpretation, or matters involving the adjudication pathway, preliminary legal advice is worth the cost.

The thread through all of it: your record is your leverage

Every step above depends on the same thing: a clean, dated record. The written notice in Step 1. The Notice of Dispute in Step 2. The documents at mediation. The evidence bundle at TASCAT.

That's the gap Chronicle Build closes — one clear, time-stamped timeline of every email, text, and decision about your build, ready to export as a dispute-ready bundle if things escalate. You hope you never need it. You're very glad it's there if you do.

Join the Chronicle Build early access waitlist →

Frequently asked questions

Can I go straight to TASCAT for a building dispute in Tasmania?

No. For contracts signed on or after 1 January 2017 worth $20,000 or more, you must serve a Notice of Dispute and go through mandatory mediation via CBOS before applying to TASCAT. TASCAT will reject applications where mediation hasn't been attempted or where court proceedings are already underway.

How long do I have to lodge a dispute?

Mediation is available within six years of practical completion (or within six years of the work being performed if there's no practical completion date). Don't wait — act while your evidence is fresh and the builder is still operating.

How much does mediation cost?

Mediation arranged by CBOS (Consumer, Building and Occupational Services) is free. If mediation fails and you proceed to TASCAT or court, there may be filing fees.

What is a Notice of Dispute?

A formal written notice served on the building contractor before applying for mediation. CBOS provides a template. It describes the issues and gives the builder a chance to respond before the formal process begins.

What evidence do I need?

Your signed contract, dated photos of defects, written correspondence with the builder (including your Notice of Dispute), payment records, and a clear timeline. Independent inspection reports strengthen your position at mediation or TASCAT.