How to make a building complaint in South Australia — your rights and options

If your builder is refusing to fix defects in South Australia, Consumer and Business Services (CBS) can investigate the complaint, facilitate conciliation, and refer matters to the South Australian Civil and Administrative Tribunal (SACAT) if needed. The process is structured, largely free to access, and backed by the Building Work Contractors Act 1995 (SA), which places firm obligations on every licensed residential builder in the state.

The legal framework: Building Work Contractors Act 1995 (SA)

The Building Work Contractors Act 1995 (SA) is the primary legislation governing licensed builders and the rights of homeowners who engage them. Under the Act, a building work contractor must hold a licence issued by CBS, carry appropriate indemnity insurance for contracts above the prescribed threshold, and complete work in a proper and workmanlike manner using suitable materials.

The Act gives CBS authority to investigate complaints about licensed contractors, conduct disciplinary proceedings, suspend or cancel licences, and impose conditions on how a contractor operates. For homeowners, this licensing framework is significant: a licensed builder has something concrete to lose if CBS finds against them, which often motivates resolution before formal proceedings are necessary.

The Act also underpins the home indemnity insurance scheme that protects homeowners in the event a builder becomes insolvent, dies, or disappears before completing or rectifying defective work.

Recent reforms in 2025: what changed for SA homeowners

South Australia completed its most significant review of residential building regulation in over 20 years in 2025. The changes that took effect from November 2025 are directly relevant to any homeowner entering or currently under a building contract.

The home indemnity insurance threshold was raised from $12,000 to $20,000. This means builders are now required to obtain indemnity insurance for any residential building contract valued above $20,000. Previously, contracts between $12,000 and $20,000 fell into a coverage gap.

Equally important, the maximum coverage limit under home indemnity insurance was increased to $250,000 (up from the previous cap). For homeowners building or renovating at higher price points, this increase provides meaningfully stronger protection if their builder exits the picture.

These reforms were driven by a recognition that construction costs had inflated substantially since the previous thresholds were set, and that the old limits left many homeowners underinsured. If your contract was signed before November 2025, check with CBS or your insurer about which threshold applies to your specific situation.

Who can lodge a complaint with CBS

CBS handles complaints from homeowners who have a contract with a licensed building work contractor for residential building work. This includes new homes, extensions, renovations, and significant repair work.

If your builder is unlicensed, the pathway is different. CBS can still investigate an unlicensed contractor, but the home indemnity insurance protections will generally not apply. In that scenario, your options may be limited to civil proceedings, and you should seek legal advice promptly.

Owner-builders generally cannot complain to CBS about their own work, but if they engaged licensed subcontractors who performed defective work, those subcontractors may be within CBS’s jurisdiction.

Time limits: when to lodge

The Building Work Contractors Act 1995 is subject to South Australia’s general limitation framework, but for building defect claims the critical outer boundary is a 10-year long-stop limitation period. This means that no action can be brought for defective building work more than 10 years after the date the work was completed, regardless of when the defect was discovered.

This is broadly comparable to other Australian jurisdictions, though the precise calculation of “completion” varies. In practice:

• Defects discovered in the first two to three years are the easiest to pursue because evidence is fresh and the builder is typically still operating.
• Latent defects, such as waterproofing failures that only manifest years after completion, can still be pursued provided you are within the 10-year window.
• Once the 10-year period expires, you lose the right to bring a claim even if the defect was genuinely undiscoverable earlier.

Do not wait. If you suspect a defect, document it and lodge a complaint well within the limitation period. Delays in acting are one of the most common reasons homeowners lose enforceable rights.

Step 1: direct resolution with your builder

Before lodging a complaint with CBS, you should make a genuine attempt to resolve the dispute directly with your builder. This is not merely a courtesy: CBS will typically ask whether you have already raised the issue, and having a clear written record strengthens your complaint significantly.

1. Prepare a written defect notice. List every defect specifically: location, nature of the problem, when you first noticed it. Attach photographs.
2. Send the notice formally. Use the contact details in your contract. Email is acceptable if that is how you have communicated throughout the project; registered post is advisable for major disputes.
3. Allow a reasonable timeframe. What is “reasonable” depends on the severity of defects. Urgent safety issues warrant a response within days. Cosmetic or minor defects: allow 14 to 21 days.
4. Record all responses. Keep every email, letter, and note of any phone conversations, including the date and what was said.

If your builder is a member of the Housing Industry Association (HIA) or the Master Builders Association SA (MBA SA), those organisations offer dispute resolution services that can sometimes resolve matters informally before formal complaints are necessary.

Step 2: lodging a complaint with CBS

If direct resolution fails, the next step is a formal complaint to CBS SA. Complaints can be lodged online through the CBS website or in person at their office.

Your complaint should include:

• Your name and contact details
• The builder’s name and licence number (searchable on the CBS public register)
• The address of the building work
• The contract date and value
• A clear description of each defect, when it appeared, and what impact it has
• Evidence: photographs, your written defect notice, the builder’s response (or lack of response), any expert or trades opinions

CBS will assess the complaint, contact the builder, and attempt conciliation between the parties. Conciliation is a structured process in which a CBS officer facilitates discussion to help both sides reach a resolution. It is free, confidential, and often effective for straightforward disputes.

CBS investigative and disciplinary powers

If conciliation does not resolve the matter, CBS has broader powers available to it. CBS investigators can:

• Inspect the building work and prepare an independent assessment
• Issue compliance notices requiring a contractor to carry out rectification work
• Refer the matter to SACAT or the Magistrates Court for formal determination
• Commence disciplinary proceedings against the builder’s licence

A finding against a builder’s licence record is a serious consequence that most licensed contractors want to avoid. This gives CBS conciliation real leverage even before formal proceedings begin.

South Australian Civil and Administrative Tribunal (SACAT)

SACAT is the primary tribunal for building disputes in South Australia that cannot be resolved through CBS conciliation. It operates as a relatively accessible forum compared to court, with lower filing fees and more flexible procedures.

SACAT can make binding orders requiring a builder to:

• Carry out rectification works to a specified standard
• Pay compensation for the cost of having defects fixed by another contractor
• Refund amounts paid for work not completed

The process involves filing an application, attending a preliminary conference (similar to a second conciliation attempt), and if still unresolved, a formal hearing before a tribunal member who can receive evidence and make a determination.

For straightforward defect disputes with a clear evidentiary record, homeowners can often represent themselves at SACAT without legal representation, though legal advice before filing is worthwhile for complex or high-value matters.

Magistrates Court for smaller matters

For lower-value disputes, particularly those involving amounts under $12,000, the Magistrates Court can be an appropriate forum. The court has a specific minor civil claims jurisdiction that is designed to be accessible without a lawyer.

If your dispute involves a relatively contained defect, a cost-certain rectification quote, and a builder who is refusing to engage, the Magistrates Court can be faster and less procedurally complex than SACAT. CBS can advise you on which forum is better suited to your specific circumstances.

Home indemnity insurance: the pathway for builder insolvency

Home indemnity insurance is a separate pathway from the CBS complaints process. It applies when your builder:

• Becomes insolvent (enters administration, liquidation, or bankruptcy)
• Dies during the project
• Disappears and cannot be located

In these circumstances, pursuing the builder directly is not possible, and home indemnity insurance steps in to fund rectification of incomplete or defective work up to the policy limit.

From November 2025, the coverage limit is $250,000. Claims are made directly with the insurer. CBS can assist you in identifying the relevant insurer, as all licensed builders are required to obtain insurance through CBS-approved products before taking a deposit on a covered contract.

If your contract was worth more than $20,000 (or $12,000 for contracts signed before November 2025) and you believe your builder was not insured when required, this is itself a serious complaint to lodge with CBS.

Building Advisory Services

CBS operates Building Advisory Services, which provides free information to homeowners at any stage of a building dispute. This is a useful first call before you decide how to proceed, particularly if you are unsure whether your issue is a genuine defect, a contractual matter, or a workmanship question.

Building Advisory Services can explain your rights under the Building Work Contractors Act, help you understand what the complaints process involves, and point you toward appropriate specialist advice (such as a building consultant or solicitor) if your situation is complex.

Documenting your case: what a strong complaint looks like

The quality of your documentation often determines the outcome of a building complaint. CBS assessors and SACAT members are assessing evidence. A well-documented complaint moves faster and resolves more favourably than one based on verbal accounts alone.

Gather the following before lodging:

• Photographs and video of every defect, with date stamps where possible
• Your original contract, including any plans, specifications, and variations
• Receipts and invoices for any emergency repairs you have already paid for
• Written correspondence with the builder from the beginning of the dispute
• Expert or trades opinions in writing, even if informal, stating that the work is defective
• A defect log that records when each issue was first noticed, what happened since, and the current status

Organise your defect list clearly before submitting. Rather than a narrative paragraph, use a numbered list: defect, location, when noticed, current condition, evidence attached. This makes it straightforward for a CBS officer to assess each item.

Tip: Checka lets you log defects with photos, GPS location, and voice notes directly on site — then export a structured defect report that is ready to attach to a CBS complaint or SACAT application. Building your evidence as you go makes a significant difference if you end up in a formal dispute.

Key takeaways

• CBS SA is the first formal step for building disputes in South Australia, offering free conciliation backed by real regulatory power under the Building Work Contractors Act 1995 (SA).
• From November 2025, home indemnity insurance is required on contracts above $20,000, with a coverage limit of $250,000 — a significant improvement for SA homeowners.
• SA’s 10-year long-stop limitation period means you must act within a decade of completion, but acting early is always preferable given evidence quality and builder solvency risks.
• If CBS conciliation fails, SACAT can make binding orders for rectification or compensation, and the Magistrates Court is available for smaller-value disputes.
• Strong documentation — including a dated defect log, photographs, and written correspondence with your builder — is the single most important factor in achieving a successful outcome.
• Home indemnity insurance is a separate pathway from the complaints process and applies specifically when a builder becomes insolvent, dies, or disappears.