Your rights & checks
Australian Consumer Law gives you automatic guarantees on services that cannot be contracted away, and every state runs a public register you can check a licence against for free. These answers cover both, plus what to do when a job goes wrong.
42 pages in this topic
Questions
- How do I check a tradesperson is actually licensed?Search your state's public licence register directly using the licence number, not a photo of a card. Air conditioning and solar are the two national exceptions, checkable on the ARCtick and Solar Accreditation Australia registers wherever you live.9 sources cited
- What rights do I have if trade work is done badly?Australian Consumer Law gives you automatic guarantees on services, due care and skill, fitness for purpose, and delivery within a reasonable time. They apply by force of law and cannot be excluded by a contract term or a sign.4 sources cited
- A tradie has done bad work and won't fix it. What now?Put it in writing with photographs and a deadline, allow one genuine chance to fix it, then escalate to your state's consumer or building regulator for free conciliation before considering the tribunal.5 sources cited
- How many quotes should I get, and how do I compare them?Three is the useful number. Compare them only once each states the same scope. An itemised quote and a lump sum are not comparable, and the cheapest is usually cheapest because something was left out.3 sources cited
- Can I withhold payment if I'm not happy with the work?Withholding an amount proportionate to the defect is far more defensible than withholding everything. Refusing all payment, and refusing to allow a chance to fix a minor problem, can weaken your position even where the complaint is sound.4 sources cited
- Where do I take a building dispute in my state?Every state and territory has a civil tribunal that hears building disputes, and most require you to attempt resolution with the builder, and often with the regulator, before an application will proceed.8 sources cited
- How long is a builder responsible for defects?Statutory warranties on residential building work run for a defined period after completion in every state, commonly six years for structural defects and a shorter period for others, separate from any contract warranty.6 sources cited
- Is a quote legally binding in Australia?A quote is a fixed price offer, and once accepted it generally binds both parties. An estimate is not, which is why the word used on the document matters more than most people realise.5 sources cited
- How much deposit can a tradesperson ask for?For residential building work, most states cap the deposit by law at a low percentage of the contract price. For general trade work below those thresholds there is no fixed cap, but a large upfront demand is a recognised warning sign.6 sources cited
- Do I have a cooling-off period for trade work?Agreements made through unsolicited contact, such as door knocking or an uninvited phone call, carry a cooling-off period under Australian Consumer Law. A contract you sought out yourself generally does not.6 sources cited
- What can I do if a tradesperson does a bad job?Consumer guarantees require services to be provided with due care and skill. For a minor failure the provider gets to choose the remedy, and for a major failure you can cancel and claim compensation.7 sources cited
- What happens if I use an unlicensed tradesperson?You keep your consumer guarantees, but you may lose insurance cover, warranty scheme protection and the compliance certificates the work needed, and the problems usually surface when you sell or claim.7 sources cited
- Can I refuse to pay if I am not happy with the work?Withholding payment entirely is risky. A safer position is to pay for work properly done, withhold a proportionate amount for the defect, and set out in writing exactly why.6 sources cited
- How do I check a business is real before paying a deposit?Check the ABN is active and matches the trading name, check the trade licence on your state's register, and confirm the entity you are paying is the entity on the quote.7 sources cited
- Are online reviews of tradespeople reliable?Treat them as one weak signal. Review manipulation is a recognised problem the ACCC has pursued, and a licence check plus references for comparable work tells you far more.5 sources cited
- Can a tradesperson put a caveat or lien on my house?Only if the contract gives them an interest in the land, which most trade contracts do not. Lodging a caveat without a proper basis is itself actionable and can attract compensation.6 sources cited
- Who do I complain to about a tradesperson in my state?Consumer affairs bodies handle contract and conduct complaints, licensing regulators handle unlicensed or defective licensed work, and tribunals decide claims. Which one you need depends on what went wrong.16 sources cited
- Is a recalled appliance in my home my problem or the manufacturer's?Check the national recall register by product and model. A recall is the supplier's responsibility to remedy, usually at no cost, and it applies whether or not you were the original purchaser.5 sources cited
- Who is responsible for repairs in an apartment, me or the body corporate?Common property is the owners corporation's responsibility and lot property is yours. The boundary is defined by the registered plan, not by which side of a wall the damage appears on.6 sources cited
- How many quotes should I actually get, and does the middle one win?Three is usually enough, and the useful comparison is scope rather than price. Two quotes with different inclusions are not comparable, and the middle one is not automatically the safe choice.5 sources cited
- Does a cash job with no invoice cause problems?The discount buys away your evidence. Without an invoice you have no proof of who did the work or what was agreed, which affects warranty claims, insurance and the value of the property at sale.5 sources cited
- What repairs is a landlord required to do?A rental property must be maintained in a reasonable state of repair and must meet the minimum standards set by your state. That obligation exists regardless of what the lease says.6 sources cited
- What counts as an urgent repair in a rental?Every state lists urgent repairs in its tenancy legislation, and a failed hot water service, a burst pipe, a gas leak, a serious electrical fault and a blocked toilet are on almost all of those lists.7 sources cited
- Who maintains smoke alarms in a rental property?The landlord is responsible for installing compliant alarms and, in most states, for testing and replacing them. Tenants are generally responsible only for not disabling them and for reporting faults.6 sources cited
- Can a tradesperson enter my rental without me being there?Only with proper notice, or with your agreement, or in a genuine emergency. Every state sets a minimum notice period and permitted hours for entry to carry out repairs.6 sources cited
- Can I get a rent reduction while major repairs are happening?Possibly. Where repairs substantially reduce your use of the property, most states allow a tenant to seek a rent reduction, by agreement or by tribunal order.6 sources cited
- Who pays when a blocked drain is caused by tree roots in a rental?The landlord, in almost every case. Root intrusion is a defect in the property rather than something a tenant caused, and a blocked toilet is usually classed as an urgent repair.6 sources cited
- What should I do before trades start work on my house?Agree access, parking, working hours, power and water use, and what protection will be in place, and put it in writing with the quote. Most job-site friction comes from things nobody discussed.5 sources cited