Homeowners’ Rights Under Threat: The Problem with Builders Blocking Independent Stage Inspections
Building a new home is one of the most significant financial and emotional investments a person can make. For this reason, it is not only reasonable, but responsible, for homeowners to engage independent building consultants to carry out inspections at key stages of construction. These professionals provide vital oversight, ensuring quality, compliance, and peace of mind.
And yet, despite clear legislation and legal precedent, a small minority of builders still attempt to block or restrict a homeowner’s right to engage independent consultants during construction. This practice is not only unethical, it’s potentially unlawful.
Your Legal Rights: What the Law Says
Victoria – Section 19 of the Domestic Building Contracts Act 1995
Section 19 of the Domestic Building Contracts Act 1995 (VIC) explicitly gives homeowners the right to access the building site:
“The builder must ensure that the building owner, or a person authorised by the building owner, has reasonable access to the building site for the purpose of inspecting building work.”
This includes independent consultants or building inspectors authorised by the homeowner. A builder attempting to deny access is not only acting contrary to the Act, but is also potentially breaching contract and natural justice.
Queensland – Section 109 of the QBCC Act 1991
Similarly, in Queensland, Section 109 of the Queensland Building and Construction Commission Act 1991 protects homeowners against unfair contract provisions and conduct:
"A building contractor must not enter into a building contract that directly or indirectly restricts or modifies the rights of a consumer..."
This includes any clause or conduct that aims to restrict the homeowner from engaging third-party inspectors.
The Modern Building Industry: Most Understand, Some Exploit
In today’s regulated construction environment, the vast majority of builders respect the rights of homeowners and work cooperatively with independent inspectors. These builders understand that a second set of eyes helps uphold quality standards and reduces the risk of costly disputes down the track.
However, a very small percentage of builders continue to attempt to block independent inspections, often by citing safety, insurance, or contractual restrictions. These excuses are rarely valid and often serve as red flags. A builder who has nothing to hide should have no issue with an independent inspection.
Let’s be clear: any builder who attempts to control or limit a homeowner’s access to independent oversight should be treated with caution. Transparency and accountability are hallmarks of professional practice. Builders who operate in secrecy or fear scrutiny should raise serious concerns.
Homeowners: Don’t Fuel the Problem
Every time a homeowner agrees to a builder’s demand to exclude independent inspections; they contribute to a broader problem, one where power is tilted unfairly in favor of the builder and consumer protections are weakened.
It’s crucial that homeowners stand firm in asserting their rights. Allowing yourself to be bullied or misled into foregoing inspections not only puts your home at risk, it also sets a dangerous precedent for others.
What You Can Do:
- Know your rights. Familiarise yourself with the relevant legislation in your state or territory.
- Engage a quality consultant. Make sure they’re insured, experienced, and understand the inspection stages.
- Avoid prepurchase companies. New Build Stage Specialist do not operate in the prepurchase sector, but many prepurchase companies attempt to fill their books with stage inspections despite their skill level.
- Check Sample Reports. Only engage with a company that references 100% of items listed in their reports. Alternate/Opinion reports often lead to disputes.
- Put it in writing. Notify your builder in writing of your intention to use an independent inspector.
- Challenge unlawful behavior. If a builder refuses access, seek legal advice or report the matter to your state’s building authority.
Conclusion
Independent stage inspections are a critical part of protecting your investment in a new home. The law supports your right to engage professionals to ensure that the construction meets the required standards, and any attempt by a builder to block this should be taken seriously.
Don’t back down. By asserting your rights, you not only protect your future home but also help push the building industry toward greater transparency and integrity.