INSIGHT · CONTRACTS & PAYMENTS
Five states set a 5 business day cooling-off;
WA, the ACT and the NT set none we found.
A domestic building contract must be in writing above a value line that differs by state. As read on 27 October 2026: NSW, contract price over $20,000 inclusive of GST, with a shorter written form over $5,000; Victoria, a major domestic building contract, where the builder will receive more than $10,000; Queensland, contract price more than $3,300; South Australia, $20,000 or more for contracts made from 10 November 2025; WA, more than $7,500 and less than $500,000; Tasmania, $20,000 or more. NSW, Victoria, Queensland, South Australia and Tasmania let the owner withdraw within 5 business days.
Analysed 27 October 2026 · Home Building Act 1989 (NSW), version as at 18 January 2026 (s 7 also in the version from 10 June 2026), and Home Building Regulation 2014, version as at 1 December 2025 · Domestic Building Contracts Act 1995 (Vic), Authorised Version 094, and Regulations 2017, Version 004 · QBCC Act 1991 (Qld), current from 1 February 2026, and Regulation 2018, current from 1 September 2026 · Building Work Contractors Act 1995 (SA), version 15.1.2026, and Regulations 2026, version 1.9.2026 · Home Building Contracts Act 1991 (WA), as at 5 April 2023, and Regulations 1992, as at 1 September 2025 · Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas), authorised 16 July 2024 · Building Act 2004 (ACT), Republication 56 · Building Act 1993 (NT), 10 February 2026, and Building Regulations 1993, 30 March 2026 · all read 27 October 2026.
Key takeaways
- Writing is required above a line, and the line is measured differently: NSW measures the contract price including GST, or the reasonable market cost of labour and materials if the price is not known (s 7(1A)). Victoria measures the amount the builder will receive (s 3(1)). South Australia measures the cost to the building owner (s 3(1)). WA measures the amount stated in the contract as payable (s 3).
- Victoria: a major domestic building contract has no effect unless signed: Domestic Building Contracts Act 1995 s 31(1) requires a major domestic building contract to be in writing and to contain the listed terms; s 31(2) states it is of no effect unless signed by the builder and the building owner or their authorised agents. The line is more than $10,000 (reg 6).
- The cooling-off clock starts at different moments: NSW, Victoria and Queensland count from when the owner receives a copy of the signed contract; Tasmania from the later of the signed copy and the consumer guide; South Australia from the making of the contract (BWC Act s 36(5)).
- Three texts set no cooling-off we could find: We found no cooling-off provision in the WA Home Building Contracts Act 1991, the ACT Building Act 2004 and Building (General) Regulation 2008, or the NT Building Act 1993 and Building Regulations 1993, as read on 27 October 2026.
- We would store the receipt date, not only the signing date: A system-design recommendation: each contract record carries the date it was signed, the date the owner received the signed copy and any guide or notice, and the state rule the cooling-off is counted under.
The rule in each state,
with its section
Each Act names its own contract: a residential building work contract (NSW, Tasmania), a major domestic building contract (Victoria), a regulated contract (Queensland), a domestic building work contract (South Australia), a home building work contract (WA) and a residential building contract (NT).
Victoria's s 31(1) and South Australia's s 28(2) make non-compliance an offence; Queensland's ss 13(5) and 14(10) give a contract effect only if it is in writing, dated and signed, and Victoria's s 31(2) and Tasmania's s 15 only if it is signed; WA's s 4(5) gives the owner a right to terminate. The consequence differs, so the record of compliance does too.
| State | When a written contract is required | Cooling-off | Notice, guide or checklist | Instrument and version read |
|---|---|---|---|---|
| NSW | Contract price over $20,000 inclusive of GST, for contracts from 1 March 2015: in writing, dated and signed by or for each party, with the contents in s 7(2) (s 7(1A), (1); cl 5(1)). Over $5,000: the small jobs form, with fewer contents (s 7AAA; cl 5(2)) | 5 clear business days after the owner is given a copy of the signed contract, for contracts over $20,000 (s 7BA(1), (1A); cl 7); shortened only with a lawyer's certificate (s 7BA(4), (5)); 7 days if the cooling-off statement is missing (s 7BB) | Consumer information in the approved form before entering the contract (s 7AA); a checklist and security of payment information in the approved form (cl 8); signed copy within 5 clear business days (s 7B) | Home Building Act 1989 ss 6 to 7BB, version as at 18 January 2026 (s 7 also read in the version from 10 June 2026); Home Building Regulation 2014 cl 5, 7, 8, version as at 1 December 2025. Read 27 October 2026 |
| Victoria | Major domestic building contract, where the builder will receive more than $10,000 (s 3(1); reg 6): in writing, all terms in full, with the contents in s 31(1); of no effect unless signed by builder and owner or their agents (s 31(2)) | 5 clear business days after the owner receives a copy of the signed contract (s 34(1)); not available after independent legal advice or a substantially same earlier contract (s 34(4)); 7 days if the notice is missing (s 35) | Contract information statement in an approved form before entering (s 29A); cooling-off notice and checklist in forms approved by the Director (s 31(1)(n), (r)); price-change warning next to the price (s 33) | Domestic Building Contracts Act 1995 ss 3, 29A to 35, Authorised Version 094 as at 1 July 2026; Regulations 2017 reg 6, Version 004. Read 27 October 2026 |
| Queensland | Regulated contract: contract price more than $3,300 (Sch 1B s 5; regulated amount): in writing, dated and signed, and of effect only if so (Sch 1B ss 13(2), (5), 14(2), (10)). Level 2, from $20,000, adds the start date, warranties and a first-page price warning (s 14; Regulation s 45) | 5 business days after the owner receives a copy of the signed contract, or for level 2 after receiving the consumer building guide if that is later (Sch 1B s 35); not after formal legal advice (s 36) | Conspicuous notice of the right to withdraw in the contract (ss 13(3)(g), 14(3)(i)); consumer building guide before signing, level 2 (s 18); signed copy within 5 business days (s 15) | QBCC Act 1991 Sch 1B ss 5 to 7, 13 to 18, 35 to 38, current from 1 February 2026; QBCC Regulation 2018 s 45, current from 1 September 2026. Read 27 October 2026 |
| South Australia | Domestic building work contract other than minor domestic building work, which is below $20,000 for contracts made from 10 November 2025 ($12,000 before) (s 27(2); reg 4(4)): in writing, all terms in full, licence name and number, signed by both (s 28(1)) | Written notice before 5 clear business days after the making of the contract, or until completion if Division 1 or 3 requirements were not met (s 36(3), (5)) | Copy of the signed contract with the Form 1 notice as soon as reasonably practicable (s 28(1)(f); Form 1); contents required by the Regulations (s 28(1)(d)) | Building Work Contractors Act 1995 ss 3, 27, 28, 36, version 15.1.2026; Regulations 2026 reg 4, Form 1, version 1.9.2026. Read 27 October 2026 |
| WA | Home building work contract: more than $7,500 and less than $500,000, excluding cost plus contracts and subcontracts (s 3; reg 2A): in writing with all terms and the date, signed by builder and owner or their agents (s 4(1)) | No cooling-off provision found in the Act. The owner may terminate under s 19 if s 4(1) is not complied with (s 4(5)) | Prescribed explanatory notice before the owner signs (s 4(2), (3); reg 3, Schedule 1); signed copy before work starts (s 5) | Home Building Contracts Act 1991 ss 3 to 5, as at 5 April 2023; Regulations 1992 regs 2A, 3, as at 1 September 2025. Read 27 October 2026 |
| Tasmania | Contract price of $20,000 or more, or a greater prescribed amount (s 9(a); regulations not read): in written form when entered into, or within 5 business days and before work begins (s 13); of effect only if signed (s 15); contents in s 14(1) | 5 business days after the receipt day, the later of receiving the signed contract and the residential building consumer guide (s 33); not after formal legal advice (s 34); 7 days if the guide was not received (s 35) | Checklist summarising the contract, and the consumer guide attached (s 14(1)(j), (k)); signed copy within 5 business days (s 16) | Residential Building Work Contracts and Dispute Resolution Act 2016 ss 9, 13 to 16, 33 to 37, authorised version 16 July 2024. Read 27 October 2026 |
| ACT | No general written-contract rule found. A residential building work contract must include standard conditions and attach required documents prescribed by regulation (ss 89C, 89D); the Minister's determination of required documents (reg 38A) was not read. Not verified (27 Oct 2026) | No cooling-off provision found in the Act or the Regulation | Required documents under reg 38A: not verified (27 Oct 2026) | Building Act 2004 ss 89A to 89E, Republication 56; Building (General) Regulation 2008 regs 38A, 38B, Republication 52, both effective 1 October 2026. Read 27 October 2026 |
| NT | A building contractor residential (restricted or unrestricted) must enter into a contract with the owner before starting prescribed building work (a new Class 1a house, a Class 10 building attached and built with it, or a retaining wall the house depends on) valued at $25,000 or more (s 48B(1), (3)(a); regs 41F, 41G, 41J). The texts read do not use the words "in writing" for the contract itself | No cooling-off provision found in the Act or the Regulations | Contract provisions listed in reg 41H; a progress payment agreement varying the standard payments must be in the approved form and signed (reg 41HB) | Building Act 1993 s 48B, as in force at 10 February 2026; Building Regulations 1993 regs 41E to 41HE, as in force at 30 March 2026. Read 27 October 2026 |
When the cooling-off clock starts,
and what the builder may keep
The five cooling-off rules share a length and differ in almost everything else. Three of them use "clear business days" (NSW, Victoria, South Australia) and two use "business days" (Queensland, Tasmania).
Where the signed copy, and any guide the Act names, reach the owner on the day of signing, the five clocks start together. Where the copy is posted later, they do not: in South Australia the clock has already started at signing.
| State | Clock starts | Not available if | What the builder may keep | Instrument and version read |
|---|---|---|---|---|
| NSW | The owner is given a copy of the signed contract (s 7BA(1)(a)) | Shortened or avoided only by a contract provision plus a certificate from an independent lawyer (s 7BA(4), (5)); listed exclusions in s 7BA(8) | Reasonable out-of-pocket expenses incurred before rescission (s 7BA(3)(b)); a reasonable price for work carried out (s 7BA(7)) | Home Building Act 1989 s 7BA, version as at 18 January 2026. Read 27 October 2026 |
| Victoria | The owner receives a copy of the signed contract (s 34(1)) | A previous substantially same contract for the same home or land, or independent legal advice before entering (s 34(4)) | $100 plus other out-of-pocket expenses incurred with the owner's approval (s 34(3)(a)) | Domestic Building Contracts Act 1995 s 34, Authorised Version 094. Read 27 October 2026 |
| Queensland | The owner receives a copy of the signed contract, or for level 2 the consumer building guide if later (Sch 1B s 35(1), (2)) | A previous substantially same contract, or formal legal advice (s 36); the owner under a repair contract may waive the right (s 39) | Out-of-pocket expenses reasonably incurred, plus $100 where withdrawal is under s 35(1) (s 38(8)) | QBCC Act 1991 Sch 1B ss 35 to 39, current from 1 February 2026. Read 27 October 2026 |
| South Australia | The making of the contract; extended to completion of the work if Division 1 or 3 was not complied with (s 36(5)) | No exclusion found in s 36 apart from minor domestic building work (s 36(2)) | As the Magistrates Court orders on application (s 36(4)) | Building Work Contractors Act 1995 s 36, version 15.1.2026. Read 27 October 2026 |
| Tasmania | The receipt day: the later of the signed copy and the consumer guide (s 33(1), (3)) | A previous substantially same contract, or formal legal advice (s 34) | $100 plus out-of-pocket expenses reasonably incurred (s 37(1)) | Residential Building Work Contracts and Dispute Resolution Act 2016 ss 33 to 37, authorised 16 July 2024. Read 27 October 2026 |
What the contract has to carry,
as a record design
The Acts list contents for the contract; the record a builder keeps can be designed around the same list, so a missing item is visible before signing.
South Australia's s 28(1)(b) and WA's s 4(1)(a)(i) require all of the terms to be set out, and the Regulations or a determination add items in South Australia, the ACT and Tasmania. Deposits, variations and cost-plus pricing have their own rules, set out on our pages for each.
| Field in the contract record | Provisions that name it |
|---|---|
| Parties, and the licence or registration name and number | NSW s 7(2)(a), (b); Vic s 31(1)(e), (f); Qld Sch 1B ss 13(3)(a), (b), 14(3)(a), (b); SA s 28(1)(c); Tas s 14(1)(c), (d); NT reg 41H(b), (c) |
| Description of the work, plans and specifications | NSW s 7(2)(c), (d); Vic s 31(1)(c), (d); Qld ss 13(3)(c), (d), 14(3)(c), (d); Tas s 14(1)(e); NT reg 41H(d) |
| Price, or the method of calculating it, and any price-change warning | NSW s 7(2)(e), (4), (5); Vic ss 31(1)(j), 33; Qld ss 13(3)(e), 14(3)(e), (4) to (7); Tas s 14(1)(f); NT reg 41H(d) |
| Start and completion dates, or how they are set | Vic s 31(1)(g) to (i), with the allowances in s 32; Qld ss 13(3)(f), 14(3)(f), (g); Tas s 14(1)(g) |
| Statutory warranties | NSW s 7(2)(f); Vic s 31(1)(q); Qld s 14(3)(h); Tas s 14(1)(h) |
| Cooling-off statement or notice | NSW s 7(2)(g); Vic s 31(1)(n); Qld ss 13(3)(g), 14(3)(i); SA Form 1, item 2 |
| Progress payments and any deposit | NSW s 7(2)(h); NT reg 41H(e) to (g), deposit no more than 5% |
| Insurance cost or information | NSW s 7(2)(f1); Vic s 31(1)(l) |
| Date of the contract | NSW s 7(1); Vic s 31(1)(k); Qld ss 13(2), 14(2); WA s 4(1)(a)(ii) |
What we would put in a system
Where agents help here is narrow. A compliance agent can read a draft contract against the state's list, flag a missing item or a missing cooling-off notice, and draft the contract record with its dates; a person confirms it. No agent decides whether a contract complies, whether cooling-off is available, or whether a contract has effect. Those are questions for the parties, the regulator, a tribunal and your advisers.
| Field | Why it is load-bearing |
|---|---|
| State, contract date and the value measure used | The written-contract line is a different number on a different base in each state, and South Australia's and NSW's lines are fixed by the date the contract was made. |
| Date signed and date the owner received the signed copy | NSW, Victoria and Queensland count cooling-off from receipt; South Australia from the making of the contract. |
| Date each required notice, guide or statement was given | Victoria's contract information statement, Queensland's consumer building guide, Tasmania's consumer guide, NSW consumer information and WA's explanatory notice each have their own timing. |
| Contents checklist against the state's list | A missing item can mean an offence, a contract without effect or a right to terminate, depending on the state. |
| Any waiver or exclusion relied on | Legal advice ends the cooling-off right in Victoria, Queensland and Tasmania, and NSW needs a lawyer's certificate; the record holds the evidence. |
- Deposits and progress payments: The deposit caps and stage payments the contract must respect.
- Variations by state: What each Act requires before a variation changes the contract.
- Cost plus contracts by state: Where a price that cannot be fixed is allowed, and what it must disclose.
- Home warranty thresholds by state: The insurance line each contract is measured against.
Questions worth asking
of your own contracts
For a builder in NSW: is the contract price that decides the form stored including GST?
Section 7(1A) of the Home Building Act 1989 states the prescribed amount is inclusive of GST, and cl 5(1) of the Regulation sets $20,000 for contracts from 1 March 2015. A price stored excluding GST can sit on the wrong side of the line. General information as read on 27 October 2026, not legal advice.
For a builder working in Victoria and South Australia: does each contract record the date the owner received the signed copy?
Victoria's 5 clear business days run from receipt of the signed copy (s 34(1)); South Australia's run from the making of the contract (s 36(5)). One date field cannot answer both. General information as read on 27 October 2026, not legal advice.
For a Queensland builder on a level 2 contract: is the date the consumer building guide was given recorded?
Schedule 1B s 18 requires the guide before the owner signs, and s 35(2) lets the owner withdraw within 5 business days of receiving it if it came after the signed copy. General information as read on 27 October 2026, not legal advice.
For an NT builder: does the contract record show the deposit as a percentage of the total contracted price?
Regulation 41H(e) of the NT Building Regulations 1993 requires any deposit in a residential building contract to be no more than 5% of the total contracted price, and reg 41HE makes requesting more an offence. General information as read on 27 October 2026, not legal advice.
Questions people ask
about domestic building contracts
Does a domestic building contract have to be in writing?
Above a value line, yes, in each state whose Act we read except the ACT and NT, where the texts read set no general writing rule. As read on 27 October 2026: NSW over $20,000 inclusive of GST (a small jobs form over $5,000); Victoria where the builder will receive more than $10,000; Queensland over $3,300; South Australia $20,000 or more for contracts from 10 November 2025; WA more than $7,500 and less than $500,000; Tasmania $20,000 or more. General information, not legal advice.
A major domestic building contract should be in writing and signed: what does Victoria's Act say?
A major domestic building contract is one where the builder will receive more than $10,000 (Domestic Building Contracts Act 1995 s 3(1); Regulations 2017 reg 6). Section 31(1) bars a builder from entering one unless it is in writing and contains the listed terms, and s 31(2) states it is of no effect unless signed by the builder and the building owner or their authorised agents. As read on 27 October 2026; general information, not legal advice.
What is the cooling-off period for a domestic building contract?
5 clear business days in NSW (s 7BA, contracts over $20,000), Victoria (s 34, major domestic building contracts) and South Australia (s 36, other than minor domestic building work), and 5 business days in Queensland (Sch 1B s 35, regulated contracts) and Tasmania (s 33, contracts of $20,000 or more). The start point differs: receipt of the signed copy in NSW, Victoria and Queensland, the later of the signed copy and the consumer guide in Tasmania, and the making of the contract in South Australia. As read on 27 October 2026; general information, not legal advice.
What must a home building contract in NSW include?
For a contract over $20,000 inclusive of GST, s 7(2) of the Home Building Act 1989 lists the parties and licence number, a description of the work, plans and specifications, the price if known, statutory warranties, the cost of insurance cover, a cooling-off statement, progress payment details and a termination statement; cl 8 of the Regulation adds a checklist and security of payment information in approved forms. As read on 27 October 2026 (the Act in its version as at 18 January 2026); general information, not legal advice.
Is there a cooling-off period for building contracts in WA?
We found no cooling-off provision in the Home Building Contracts Act 1991 as at 5 April 2023, read on 27 October 2026. The Act requires a written, dated and signed contract and a prescribed explanatory notice before signing (s 4), and lets the owner terminate if the writing requirements are not met (s 4(5)). Other WA laws were not read. General information, not legal advice.
What this analysis
does and does not show.
Evidence note
- What it shows
- When each state's domestic building legislation requires a written contract, the cooling-off period it gives and when it starts, the notices or guides it requires, and the contents it lists, at the versions read on 27 October 2026.
- Key facts quoted
- NSW ss 7, 7AAA, 7AA, 7BA, cl 5, 7, 8: $20,000 and $5,000 inclusive of GST; Vic ss 31, 34, reg 6: more than $10,000; Qld Sch 1B ss 5, 13, 14, 35: more than $3,300, level 2 from $20,000; SA ss 27, 28, 36, reg 4(4): $20,000 from 10 November 2025; WA ss 3, 4, reg 2A: $7,500 to $500,000; Tas ss 9, 13 to 16, 33: $20,000; NT s 48B, reg 41J: $25,000.
- The NSW legislation register blocked access directly and through a rendering proxy on 27 October 2026. NSW rows rest on Internet Archive copies of the Act (18 January 2026) and the Regulation (1 December 2025); s 7 was also read in the register's version from 10 June 2026 on 9 October 2026 through a rendering proxy. Other NSW sections were not compared against that version.
- The South Australian Act and Regulations were read through a rendering proxy because the register blocks automated access. Other registers were read directly; Victorian, Queensland, WA and Tasmanian texts saved by earlier batches were checked against the register's current version on 27 October 2026.
- The ACT Minister's determination of required documents, Tasmanian regulations and any Director's determination, and Consumer Affairs Victoria and other regulator guidance were not read.
- General consumer law, including unsolicited consumer agreement rules, was not read and is not covered.
- Nothing here is legal advice. It does not determine whether any contract complies, has effect or can be withdrawn from.
Bring us one signed contract
and the dates around it.
Send us a signed domestic building contract, the date the owner received it and the notices you gave. We will show you which items on your state's list your record holds, and which cooling-off clock your dates start.
General information about published legislation only. It is not legal advice and it does not determine whether any contract complies, has effect or can be withdrawn from. Provisions are as read on 27 October 2026 at the versions listed.
Sources
Suggested citation: Home Building Act 1989 and Regulation 2014 (NSW), Domestic Building Contracts Act 1995 and Regulations 2017 (Vic), QBCC Act 1991 Schedule 1B and Regulation 2018 (Qld), Building Work Contractors Act 1995 and Regulations 2026 (SA), Home Building Contracts Act 1991 and Regulations 1992 (WA), Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas), Building Act 2004 and Building (General) Regulation 2008 (ACT), and Building Act 1993 and Building Regulations 1993 (NT), at the versions listed, as read 27 October 2026. Derived figures: none.
- NSW legislation - Home Building Act 1989 No 147: Version as at 18 January 2026, read in an Internet Archive copy on 27 October 2026 because the site blocks automated access; s 7 also read in the version from 10 June 2026 on 9 October 2026 through a rendering proxy · Legislation register
- NSW legislation - Home Building Regulation 2014: Version as at 1 December 2025, read in an Internet Archive copy on 27 October 2026 because the site blocks automated access · Legislation register
- Victorian Legislation - Domestic Building Contracts Act 1995: Authorised Version No. 094, as at 1 July 2026, shown as in force on 27 October 2026 · read 27 October 2026 · Legislation register
- Victorian Legislation - Domestic Building Contracts Regulations 2017: Version 004, in force from 1 July 2021 · read 27 October 2026 · Legislation register
- Queensland Legislation - Queensland Building and Construction Commission Act 1991: Current version from 1 February 2026 · read 27 October 2026 · Legislation register
- Queensland Legislation - Queensland Building and Construction Commission Regulation 2018: Current version from 1 September 2026 · read 27 October 2026 · Legislation register
- South Australian Legislation - Building Work Contractors Act 1995: Version 15.1.2026 · read 27 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- South Australian Legislation - Building Work Contractors Regulations 2026: Version 1.9.2026 · read 27 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- Western Australian Legislation - Home Building Contracts Act 1991: As at 5 April 2023, version 04-h0-00, shown as current · read 27 October 2026 · Legislation register
- Western Australian Legislation - Home Building Contracts Regulations 1992: As at 1 September 2025, version 03-k0-00, shown as current · read 27 October 2026 · Legislation register
- Tasmanian Legislation - Residential Building Work Contracts and Dispute Resolution Act 2016: Authorised version 16 July 2024, shown as current · read 27 October 2026 · Legislation register
- ACT Legislation Register - Building Act 2004 and Building (General) Regulation 2008: Republication No 56 and No 52, both effective 1 October 2026 · read 27 October 2026 · Legislation register
- NT Legislation - Building Act 1993 and Building Regulations 1993: Act as in force at 10 February 2026; Regulations as in force at 30 March 2026 · read 27 October 2026 · Legislation register