The short answer
Deposit limits differ in every state and territory. Most cap the deposit at 5% for larger contracts, Western Australia caps it at 6.5%, and the ACT has no legal cap. Find your state below, then check the regulator before you pay.
General information from government pages checked on 11 November 2026, not legal advice. Small contracts, off site work and special cases can follow different rules.
Deposit limit by state
Each line links to the government source on the state page.
- VictoriaUp to 10% for contracts under $20,000 and 5% for $20,000 or more.
- New South Wales10% for contracts of $20,000 or more, according to the NSW Government guide. Confirm smaller jobs with NSW Fair Trading.
- Queensland20% up to $3,300, 10% from $3,301 to $19,999 and 5% from $20,000. Up to 20% when more than half the work is built off site.
- Western Australia6.5% for fixed price contracts between $7,500 and $500,000.
- South Australia5% for domestic building contracts of $20,000 or more.
- Tasmania5% at $20,000 or more, and up to 20% when the off site work is more than half the price. The Act does not apply under $20,000.
- Australian Capital TerritoryNo legal limit on the initial deposit. About 10% is usual and warranty insurance covers up to $10,000 of a deposit.
- Northern Territory5% of the total contracted price, with a 50 penalty unit maximum for breaking the rule.
If a tradie asks for more
Asking for more than the legal deposit is a red flag. Ask the tradie to put the request in writing, then check it with your state regulator. In Queensland, the QBCC says deposits above the limit are unlawful and should be reported.
Pay by stage, not upfront
After a small deposit, tie each later payment to a finished stage of the work. Get every change in writing before the extra work starts.
Common questions
What is the maximum deposit for a builder in Australia?
It depends on the state. Five percent is common for contracts of $20,000 or more, Western Australia allows 6.5%, and the ACT has no legal cap.
Which state has no deposit limit?
The ACT Government says there is no limit on the initial deposit, though about 10% is usual.
What if my tradie asks for a bigger deposit?
Ask for it in writing and check with your state regulator before you pay.
Sources
- Consumer Affairs Victoria: deposits and payments, checked 11 November 2026
- NSW Government: choosing the right tradesperson or builder, checked 11 November 2026
- QBCC: understanding deposits and progress payments, checked 11 November 2026
- Building and Energy WA: building or renovating your home, checked 11 November 2026
- SA.GOV.AU: builder responsibilities, checked 11 November 2026
- Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas), checked 11 November 2026
- ACT Planning: hiring a builder, checked 11 November 2026
- NT Building Regulations 1993, regulation 41HE, checked 11 November 2026
