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Construction Law in Australia: What You Need to Know

Want to retire to a home in the sun? Australian and need to know what regulations surround building your property? Read this first.

Building and construction is an area of the law to protect our towns, cities, and environment. One of the biggest problems you will encounter with building in Australia is finding the land to build upon. Building your dream home in Australia can be challenging. Environmental protection laws, fire risks, planning permission, and issues with the local council can all put a stopper in your plans. If you are considering building your own home in Australia, read on to understand the importance of a comprehensive BDAR. We will discuss everything you need to know from choosing the right home builders, to other considerations along the way.

What is Construction Law?

When you decide to build your house, you open yourself up to all legal issues. From achieving planning permission to negotiating the contracts for the builders, you are at potential risk. Construction Law protects you against cowboy builders and construction claims. There are many aspects to it, including contract negotiations for large projects, debt recovery on behalf of builders, and drafting of finance contracts.

Things To Know About Australian Construction Law

Now that we understand it let’s discuss what you need to know about it.

Finding a Lawyer

There are dozens of good lawyers and law firms in Australia. We recommend this lawyers Wollongong, since they have an excellent reputation. Opt for a local law firm because they know Australian regulations best.

The Contracts are Necessary

When you hire building companies, your lawyer will advise you to negotiate a pre-contract. They will help you draft your contract copy, witness it, and alter it if needed. They may help you with finance contracts, too. These are vital for keeping you and your contractor safe. If one doesn’t come through on their end of the deal, the contracts cover them.

You are Protected Against Shoddy Building Work

Australian law allows you to dispute buildings that have shoddy construction. If your building is damaged after a construction company has repaired it, and if that damage causes harm, the building owner has a right to take out litigation against the construction company. In other words, it’s in everyone’s best interests if the building is completed to a high standard.

Builders are Protected Against You

A large part of construction law lies in debt recovery, usually with contractors who have not been paid. Since either party might renege on the deal, construction lawyers must protect both parties. Dispute resolutions and home building rows are part and parcel of construction work. Let your lawyer handle the negotiations on your behalf.

Other Aspects of Construction Law

Generally speaking, the other aspects of construction law might include:

  • Statutory implied warrants
  • Joint venture contracts
  • Tenders
  • Licenses
  • Registrations
  • Development applications
  • And Insurance

As you can see, this is a tricky area of the law that you shouldn’t try to negotiate. Instead, hire a good lawyer in advance and build safe, knowing they will protect you if the worst happens.