Guide · Tasmania home warranty

There is no compulsory insurance product.
The protection is the warranty.

Tasmania is the state that does it differently. It does not operate a mandatory home warranty insurance product of the kind found in some other states, so there is no certificate to buy job by job. Instead, consumer protection rests on statutory warranties that automatically form part of every residential building contract, enforceable whether or not they are written in. This guide walks through the scheme as the official CBOS consumer guide sets it out: what the warranties cover, how long they last, the written-contract rules, the deposit and progress-payment limits, and how a dispute escalates. General information drawn from the CBOS guide, not legal or financial advice, and figures may change, so re-verify against the current CBOS publication.

Written by Brad Caldon, Founder, VIABUILD. Licensed builder (NSW) · Registered Building Practitioner (Class 1 to 9) · B.Construction Management (Hons)

01 / The basics

In plain English

Start with the distinction that defines the whole scheme: Tasmania does not operate a mandatory home warranty insurance product of the kind found in some other states. There is no insurance certificate standing between the owner and a failed build. Consumer protection rests instead on statutory warranties, which automatically form part of every residential building contract and are enforceable whether or not they are written into the contract. A builder cannot contract out of them, and an owner does not need to have negotiated them in. They are simply there, by law.

The Tasmanian consumer-protection framework is administered through CBOS (Consumer, Building and Occupational Services), and the settings below are drawn from the official CBOS residential building consumer guide. Because Tasmania relies on warranties rather than an insurance product, the whole logic of the scheme is about what the builder promises by law and how an owner enforces it, not about who pays a claim when the builder cannot.

What the statutory warranties cover

The warranties require, among other things:

  • good-quality new materials;
  • compliance with relevant laws, including the National Construction Code and the Building Act 2016 (Tas);
  • workmanship carried out with reasonable care and skill;
  • conformity with the plans;
  • suitability for occupation;
  • reasonable diligence on timeframes; and
  • reasonable care in estimating provisional costs.

These warranties last six years from practical completion, and they transfer to a new owner if the dwelling is sold within that period. So the protection follows the home, not just the original client relationship: a claim in year five can come from an owner the builder has never met.

Enforcement without an insurer

Because there is no insurance product answering claims, enforcement runs through building surveyors and a dispute pathway. A building surveyor may issue an Inspection Direction during construction, and a Defective Work Order within 24 months of completion. Beyond that, dispute escalation runs from the builder, to free CBOS advice, to a Director-arranged mediation with a 20-day window, and then to the Tasmanian Civil and Administrative Tribunal (TASCAT). The CBOS guide presents TASCAT as a simpler, more affordable and timelier alternative to court; that is the guide’s characterisation, and we present it as such rather than as a settled fact.

The contract rules

The contract rules sit under the Residential Building Work Contracts and Dispute Resolution Act 2016 and apply to residential building work with a contract price of $20,000 or more (a threshold to re-verify against the current CBOS publication). All contracts must be in writing, dated, and signed by both the owner and the building contractor, and must include the parties’ names, the contractor’s licence number, all agreed terms, a clear description of the work with plans and specifications, the contract price or the method of calculating it (including prime cost items and provisional sums), the practical completion date or the method of estimating it, and a list of the applicable statutory warranties. Within 5 business days of signing, the builder must give the owner a copy of the signed contract and the CBOS guide.

On money, the guide sets deposit limits and a progress-payment rule. The deposit is capped at a maximum of 10 per cent for contracts between $20,000 and $50,000, a maximum of 5 per cent for contracts of $50,000 or more, and a maximum of 20 per cent for any contract where the value of off-site work exceeds half the total price (for example prefabricated or kit homes). A builder cannot require payment of more than 50 per cent of the contract price until at least half of the work has actually been completed, and progress payments must be stated in the contract and be proportionate to the value of work performed. The deposit caps are figures to re-verify against the current CBOS publication.

A note on currency: the figures above are drawn from the official Tasmanian CBOS residential building consumer guide. The $20,000 threshold, the deposit caps, and the July 2024 v2.0 currency should all be re-checked against the current CBOS publication before you rely on any of them. Thresholds and caps may change. This is general information, not legal or financial advice.

02 / The reality

Where builders get stuck

Assuming an insurance certificate exists

Builders and owners moving from another state look for the warranty insurance certificate and cannot find it, because Tasmania does not operate that product. The protection is the statutory warranty, not a policy, and treating the scheme as if a certificate covers the job misreads it from the start.

Contracting as if the warranties are optional

The statutory warranties form part of every residential building contract whether or not they are written in, and a builder cannot contract out of them. Assuming that what is not written down does not apply leaves the builder exposed to obligations they never priced.

The written-contract requirements skipped

The contract must be in writing, dated, signed by both parties, and carry a defined list of contents, from the licence number to the statutory warranties. A contract missing required contents is a compliance problem before the first defect is ever raised.

Deposits and progress payments out of step

The deposit caps and the rule that no more than 50 per cent can be required until half the work is done are specific, and progress payments must be proportionate to work performed. Payment terms set without reference to these limits invite a dispute the builder will not win.

Forgetting the six-year tail

Statutory warranties run six years from practical completion and transfer to a new owner within that period. A claim years after handover is assessed against what was built, so records, variations and the contract itself need to survive that long.

Walking into escalation undocumented

A dispute can run from the builder to CBOS advice, to a 20-day Director-arranged mediation, to TASCAT. At each step the question is what the contract said and what was actually built. A builder who cannot produce that record is arguing from memory.

03 / The fix

A workflow that holds up

  1. 01

    Confirm the current scheme settings

    Re-verify the $20,000 contract threshold, the deposit caps, and the currency of the guide against the current CBOS publication before contracting. The settings here are drawn from the CBOS consumer guide, and thresholds and caps may change between versions.

  2. 02

    Put the written contract in order

    Make sure the contract is in writing, dated and signed by both parties, and carries the required contents: names, licence number, agreed terms, a clear description with plans and specifications, the price or method of calculation with prime cost items and provisional sums, the practical completion date or method, and the list of statutory warranties.

  3. 03

    Hand over the contract and guide on time

    Within 5 business days of signing, give the owner a copy of the signed contract and the CBOS guide. This is a timing obligation, and a missed handover is a straightforward breach to avoid.

  4. 04

    Set deposits and progress payments to the rules

    Structure the deposit within the applicable cap and stage progress payments so they are stated in the contract and proportionate to the value of work performed, with no more than 50 per cent required before half the work is complete.

  5. 05

    Keep variations and records current through the build

    Document variations and keep the job record current as work proceeds, because a building surveyor may issue an Inspection Direction during construction and a Defective Work Order within 24 months of completion, each decided on what the records show.

  6. 06

    Archive the job for the warranty period

    Keep the contract, variations, plans, inspection records and correspondence retrievable for at least the six-year statutory-warranty period from practical completion. A claim from a later owner is decided on records, not recollections.

04 / The tooling

How software helps

Nothing in a software platform changes the statutory warranties or the contract rules. Tasmania relies on warranties rather than an insurance product, which means the builder’s protection in a dispute is documentary: the written contract and its required contents, the variations, the progress payments proportionate to work, and the records of what was actually built. Every pressure point in this guide is about whether that evidence exists when a statutory-warranty dispute arises, sometimes years after handover.

A platform that keeps the job documented as normal work proceeds, so variations are captured against the job and costs and claims stay tied to what was built, is quietly assembling the record the scheme runs on. The alternative is reconstructing an old job’s history under a claim deadline, from inboxes and memory. None of this requires software, but software is how busy builders make it automatic rather than aspirational.

05 / In practice

Where VIABUILD fits

VIABUILD keeps the job documented, so evidence exists.

Tasmania’s protection is the statutory warranty, not an insurance certificate, so what matters when a dispute arises is the record. VIABUILD keeps each job’s commercial history in one place: the written contract and its variations documented with a dated trail via progress claims and variations, costs and commitments visible in cost tracking, and supplier invoices captured and job-coded through AI accounts payable. Progress payments stay tied to the value of work performed, and the job’s cost and cashflow position stays visible rather than reconstructed.

VIABUILD is not insurance and does not provide legal cover, and it does not change any legal obligation under the scheme. It keeps the job documented so evidence exists if a statutory-warranty dispute arises, and keeps cost and cashflow visible. The scheme settings above are drawn from the CBOS consumer guide, so re-verify them against the current CBOS publication, and treat this as general information, not legal or financial advice.

  • Written contract and variations documented with a dated trail
  • Progress payments kept tied to the value of work performed
  • Supplier invoices captured and job-coded as they arrive
  • Cost and cashflow position visible, not reconstructed
  • Records retrievable across the six-year warranty tail
  • Not insurance or legal cover; re-verify with the current CBOS guide
See progress claims & variations

06 / FAQ

Common questions.

No. Tasmania does not operate a mandatory home warranty insurance product of the kind found in some other states, so there is no certificate to buy job by job. Consumer protection instead rests on statutory warranties, which automatically form part of every residential building contract and are enforceable whether or not they are written into the contract. This is general information drawn from the CBOS residential building consumer guide, not legal advice, and settings may change, so re-verify against the current CBOS publication.

They cover, among other things, good-quality new materials, compliance with relevant laws including the National Construction Code and the Building Act 2016 (Tas), workmanship carried out with reasonable care and skill, conformity with the plans, suitability for occupation, reasonable diligence on timeframes, and reasonable care in estimating provisional costs. A builder cannot contract out of them. The warranties last six years from practical completion and transfer to a new owner if the dwelling is sold within that period.

Statutory warranties last six years from practical completion, and they transfer to a new owner if the dwelling is sold within that period. For builders this means the protection follows the home, not the original client: a claim in year five can come from an owner you have never met, which is one reason to keep the contract, variations and build records retrievable for the full period.

Under the Residential Building Work Contracts and Dispute Resolution Act 2016, which applies to residential building work with a contract price of $20,000 or more (a threshold to re-verify against the current CBOS publication), the contract must be in writing, dated, and signed by both the owner and the building contractor. It must include the parties’ names, the contractor’s licence number, all agreed terms, a clear description of the work with plans and specifications, the contract price or method of calculation including prime cost items and provisional sums, the practical completion date or estimation method, and a list of applicable statutory warranties. Within 5 business days of signing, the builder must give the owner a copy of the signed contract and the CBOS guide.

The guide sets a maximum deposit of 10 per cent for contracts between $20,000 and $50,000, a maximum of 5 per cent for contracts of $50,000 or more, and a maximum of 20 per cent for any contract where the value of off-site work exceeds half the total price (for example prefabricated or kit homes). A builder cannot require payment of more than 50 per cent of the contract price until at least half of the work has actually been completed, and progress payments must be stated in the contract and be proportionate to the value of work performed. These figures should be re-verified against the current CBOS publication, as caps may change.

A building surveyor may issue an Inspection Direction during construction and a Defective Work Order within 24 months of completion. Dispute escalation then runs from the builder, to free CBOS advice, to a Director-arranged mediation with a 20-day window, and then to the Tasmanian Civil and Administrative Tribunal (TASCAT). The CBOS guide characterises TASCAT as a simpler, more affordable and timelier alternative to court, and we present that as the guide’s characterisation rather than a settled fact. Because enforcement turns on the contract and what was built, keeping those records is the builder’s practical defence.

About the author

Brad Caldon

Founder, VIABUILD

Brad Caldon is the founder of VIABUILD and a builder and property developer with nearly two decades across residential construction and development. He holds a NSW Home Builder Licence, is a Registered Building Practitioner across Class 1 to Class 9 buildings, and holds a Bachelor of Construction Management (Building) (Honours) from the University of Newcastle.

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