The short answer
Act quickly and in writing. Collect your evidence, send a dated message asking the tradie to start or refund by a set date, then take it to your state regulator. Deadlines in this process can be short, so do not wait months hoping they come back.
Victoria, New South Wales and Queensland only. Summarised from government pages, not legal advice. Sources differ on some time limits, so check the current page for your state before you rely on a date.
Confidence: likely. These facts come from official pages that we found by search and did not read in full. Check the linked source before you rely on a figure.
Step 1: collect your evidence
- the quote, the contract and any messages
- proof you paid: receipts or bank transfer details
- the tradie's name, business name, ABN and licence number
- photos of the site and any materials that arrived
- a short timeline of what was promised and when
Step 2: send a written demand
Send an email or letter with a clear date, for example seven days. Say what you want: to start the work by that date, or to refund your deposit. Keep a copy. Consumer Affairs Victoria suggests trying to settle directly with the builder first and keeping records of every conversation.
Step 3: take it to your regulator
The path is different in each state:
- VictoriaTry to resolve it with the builder first. If they do not respond, apply to the Building and Plumbing Commission for dispute resolution. It is free, runs as conciliation and can lead to a binding order or a certificate that lets you go to VCAT. The dispute cannot already be before VCAT or a court.
- New South WalesHome building disputes go to Building Commission NSW through Fair Trading first. NCAT will not take an application until you have been through that step, unless time for lodging a claim is about to run out.
- QueenslandGive the contractor written notice listing each issue with a deadline to fix it, then lodge a complaint with the QBCC. QCAT will not hear a building dispute until you have been through the QBCC process.
Step 4: check for insurance cover
Some schemes can help when a builder fails. The Victorian Home Warranty scheme, for eligible work from 1 July 2026, may help with lost deposits where work has not started. In Queensland, non completion claims go through the Home Warranty Scheme. In Western Australia, home indemnity insurance covers loss of a deposit up to $40,000 if the builder dies, disappears or becomes insolvent. All of these have conditions and limits.
A note on cash
Forum threads show people paying cash deposits with no receipt, then struggling to prove it. Pay by bank transfer where you can, put the job name in the reference and ask for a receipt.
Common questions
Can I get my deposit back from a builder?
You can ask in writing, then complain to your regulator and use the tribunal path if it is not solved. Insurance may cover some of it in some states.
How long do I have to complain?
It depends on the state and the type of problem. Some deadlines are only a few months, so act as soon as you can.
Sources
- Consumer Affairs Victoria: building disputes, defects and delays, checked 12 November 2026
- Building and Plumbing Commission: disputes about domestic building work, checked 12 November 2026
- Building and Plumbing Commission: Home Warranty, checked 12 November 2026
- Building Commission NSW: how we deal with building complaints, checked 12 November 2026
- NCAT: home building, checked 12 November 2026
- QBCC: lodge a defective work complaint, checked 12 November 2026
- QBCC: help with defective work, checked 12 November 2026
- Building and Energy WA: home indemnity insurance, checked 12 November 2026