How to make a complaint about a builder in SA

How do you make a complaint against a builder in SA?

The Law Handbook of South Australia starts with the builder: “It is best to try to resolve any complaint by talking directly to the builder or tradesperson, and if that is unsuccessful, to put the complaint and possible solutions to the business in writing.” It suggests asking for a response within a reasonable time and giving the business an opportunity to fix the problem.

The January 2025 CBS consumer guide sets out five steps for a dispute with a builder: talk to the builder, write to the builder, get help from CBS, a conciliation conference, and court action. For the first step it suggests making “a note of the date, time and person you spoke with”, and keeping copies of emails. It points to a sample letter of complaint on the SA.GOV.AU page on disputes with a builder or tradesperson.

The guide also notes that some domestic building contracts include dispute resolution clauses allowing either party to seek help from the builder’s industry association, and says: “Depending on the terms of your contract you may not be obliged to use the nominated dispute resolution method. A fee may be payable for this service.” The contract is the document to check.

• What a building contract must include in SA

What can Consumer and Business Services do about a builder?

The CBS guide says to contact CBS for advice if writing to the builder has not resolved the issue, if the builder cannot be contacted at all, or if the owner hears the builder is in financial difficulty. It says copies of emails, the letter of complaint and a summary of phone calls will help, and that “The CBS advice and dispute resolution service is free.” It adds: “The builder needs to be willing, but many problems can be solved through this process.”

The Law Handbook says CBS can assist with complaints about goods and services advertised and purchased or provided in South Australia for personal use “and there is no court action underway in relation to them.” If CBS accepts a request, the Handbook says a case officer may offer information and advice, ask the consumer to write another letter to the business, ask the consumer to arrange inspections, or ask the consumer to pay for an expert report.

What is a CBS conciliation conference?

The Law Handbook says that if the consumer and business cannot agree, “the Commissioner for Consumer Affairs can call for a compulsory conciliation conference to take place before any other legal action.” Both parties must attend, and a business can be fined for failing to attend, citing section 8A(4) of the Fair Trading Act 1987 (SA). The CBS guide says CBS “will act as a neutral third party during the conference.”

If a written agreement is reached, the Handbook says the business must comply with it, and that if it does not, “the consumer or the commissioner can apply to the Magistrates Court to enforce the agreement”, citing section 8A(7). If no agreement is reached, CBS stops the conference, and the case officer may advise on other options.

What are the options for a complaint about poor construction?

For defective work, the Law Handbook’s building contracts page says an owner who cannot resolve the matter by negotiation “should seek legal advice about their options”. The options it names include further negotiations, conferencing or court proceedings based on the statutory warranties in the Building Work Contractors Act 1995 (SA), the requirement to comply with technical details and building rules under the Planning, Development and Infrastructure Act 2016 (SA), or some other basis such as the Australian Consumer Law. It adds: “Different time limits apply to these actions.”

For the planning route, the Handbook says an owner who can demonstrate that a builder breached section 216 may apply to the Environment, Resources and Development Court under section 202, and that such an application “should not be brought lightly or without legal advice.” For the statutory warranties, it records that court proceedings “would usually be brought in the Magistrates Court or District Court depending on the amount claimed.”

The CBS guide says court action is “available at any time during the dispute.” The separate note on statutory warranties discusses selected limitation periods; the Law Handbook recommends legal advice about the available proceedings and says different time limits apply.

• Statutory warranties and defects liability in SA
• Practical completion and handover in SA

Can a builder’s licence be the subject of a complaint?

Part 4 of the Building Work Contractors Act 1995 (SA) deals with discipline. In the version consolidated at 1 January 2024 (still listed as current on the legislation website on 13 November 2025), section 22 provides: “The Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part.” That version defines the Tribunal as the South Australian Civil and Administrative Tribunal.

In that version, the grounds against a building work contractor in section 21(1) include acting “contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly” in the course of the business, and failing to comply with a court order under Part 5. The orders listed in section 25(1) include a reprimand, conditions on a licence, suspension or cancellation of a licence, and disqualification.

A disciplinary complaint seeks orders against the person under section 25; the sections read do not provide for payment to the complainant. Later amendments could not be checked for this note, so the current wording should be confirmed. The Handbook notes that the public can check whether a builder holds a current licence on the CBS public register.

• How to check a builder’s licence in SA

What if the builder disappears or becomes insolvent?

The Law Handbook records that section 34 of the Building Work Contractors Act 1995 (SA) requires builders doing domestic building work, where the contract price is over the threshold set by the regulations and development approval is required, to hold building indemnity insurance. Citing regulation 36 of the Planning, Development and Infrastructure (General) Regulations 2017 (SA), it says a copy of the certificate of insurance “must be supplied to the building owner and to the relevant authority at the time of applying for planning approval”.

It says the insurance covers a building owner for defective building work, up to a limit, “in cases where the builder dies, disappears (or is otherwise unable to complete the work) or becomes insolvent”, citing section 35. The CBS guide lists hearing that a builder is in financial difficulty as a reason to contact CBS.

Where do complaints about plumbing, gas or electrical work go?

The Office of the Technical Regulator (OTR) describes its own routes for safety and technical concerns. Its electrical trades page says: “If you have a complaint about the safety or technical compliance of an electrical installation, please download, complete and submit the Complaints Pack”. Its plumbing trades page says an owner concerned that a plumbing installation “has not been completed to relevant codes and standards” can submit a request for investigation.

Its gas trades page says “Customer complaints concerning financial matters such as fees charged for gas work are also referred to Consumer and Business Services.”

• Plumbing, gas and electrical certificates of compliance in SA