New financial obligations for domestic builders in Victoria

What you need to know and why you need to consider your options early.

Following a consultation period, the Building & Plumbing Commission has finalised the regulations to its financial assessment criteria (previously referred to as minimum financial requirements) for domestic builders in Victoria, based on stakeholder feedback.

These reforms represent a significant shift in financial reporting and compliance obligations for domestic builders. While the original draft regulations were considered overly onerous, particularly for small to medium domestic builders, the updated framework introduces a more balanced and practical approach.

The overarching aim of the framework is to improve consumer protection by ensuring builders are financially viable, liquid and capable of completing domestic building projects.

Understanding the final requirements, and preparing early, will be critical to maintaining compliance and supporting sustainable business growth. 

Key proposed changes:

Draft obligationsProposed changes

Building classification based on net tangible assets (NTA)

  • Teir 1: $1,000 to $50,000
    Proposed commencement on or after 1 July 2028
  • Tier 2: $50,001 - $1.5 Million
    Proposed commencement on or after 1 March 2028
  • Tier 3: $1.5 Million and above
    Proposed commencement on or after November 2027

Net tangible assets:

Under the updated framework, NTA requirements are now linked to construction capacity (CC), replacing the previous revenue-based approach. 

The required NTA thresholds are:

  • 5% of CC up to $20m
  • 3% of CC for the portion above $20m

Example NTA requirements based on construction capacity:

  • CC: $1m
    Calculation: 5% of $1m 
    Adjusted net tangible assets (ANTA) required: $50,000
  • CC: $2m
    Calculation: 5% of $2m 
    Adjusted net tangible assets (ANTA) required: $100,000
  • CC: $25m
    Calculation: 5% of $20m + 3% of $5m
    Adjusted net tangible assets (ANTA) required: $1.15m

This tiered approach introduces a more scalable method of assessing financial capacity for builders of different sizes.
 

Revenue cap introduced

  • Annual revenue will be capped at 20 times NTA

Assessment based on CC or total construction limit (TCL).

  • Total $ value of work which can be undertaken at any one time, as outlined by your domestic building insurance.

Quarterly financial reporting  

  • Builders will be required to prepare quarterly internal management reports
  • Must be provided to authority within 14 days if requested

Quarterly financial reporting:

  • Builders must prepare quarterly internal management reports.
  • Reports must be provided to the regulator within 14 days upon request.

Compliance reporting & notifications

Builders must notify the Victorian Building Authority if any financial metrics fall below required thresholds, including:

  • Solvency – Ability to pay debts as and when they fall due
  • Liquidity - Maintain a current ratio of 1:1 at all times (current assets/current liabilities)
  • Net Tangible Assets in line with revenue

Compliance reporting & notifications

Builders must notify the regulator if they fail to meet financial requirements, including:

  • Solvency – Ability to pay debts as and when they fall due
  • Operating within approved construction capacity – Ensuring activity remains within their permitted limits
  • NTA – Maintaining required levels based on construction capacity.

Asset valuation requirements  

  • Valuation of assets need to be in line with Australian Accounting standards
  • This may result in assets being valued at market value rather than written down value or historical cost.

Asset valuation requirements:

  • Mandatory revaluation of assets in line with accounting standards is no longer required.
  • The authority retains the ability to request valuations where information appears inaccurate or misleading.

Enhanced reporting for tier 2 & 3 Builders

  • Builders classified as tier 2 or 3 may be required to complete General Purpose Financial Statements
  • This represents a significant change when compared to special purpose financials which most small to medium businesses are likely currently using.

Enhanced reporting for tier two and three builders:

  • Previous proposals requiring tier two and tier three builders to prepare general purpose financial statements have been removed.
  • Reporting obligations have been simplified to quarterly management reporting only where requested.

Treatment of trust structures

  • Trust assets will be discounted over a 4-year period before being valued at nil for the purpose of NTA calculations
  • Raising questions around the viability of operating in a trust setup for some businesses.

Treatment of trust structures:

  • Assets held in trust are now fully recognised for the purposes of NTA calculations.
  • This represents a significant shift from the original proposal, where trust assets were to be excluded.
  • Trust structures remain a viable option under the revised framework.
     

Other considerations

While the updated framework introduces a number of refinements, several elements remain unchanged and continue to form part of the compliance landscape:

  • Guarantees – The authority may permit certain guarantees to support a builder’s asset position (excluding sole traders), providing additional flexibility in meeting financial requirements
  • Group structures – Where building businesses operate within a corporate group, assessments may be undertaken at either a group or individual entity level, depending on which approach best reflects the financial position
  • Valuations and audits – The authority retains the right to request independent valuations or audits where financial information is considered unreliable, incomplete or potentially misleading

Implementation

For builders registered as of 30 June 2026, there is a transition period. Based on their construction capacity (per their ‘letter of eligibility’), the transitional period allows existing registered builders the following time frames to conform to the new criteria:

TCLCriteria apply from 
Less than $2m 1 July 2029 
$2m – $20m1 December 2029 
Over $20m1 March 2030 

It is essential that domestic builders understand the potential implications of this proposed legislation and begin planning early.

Whilst these regulations are not final, they are expected to be finalised with a 1 July 2026 commencement. New applicants from 1 July 2026 will be required to comply with the new regulations upon registration. 

What builders need to do now to best prepare for the proposed changes:

  • Calculate your current Net Tangible Assets (NTA / ANTA)
    Ensure your asset position meets the update thresholds based on your construction capacity.
  • Assess your construction capacity (CC / TCL)
    Understand your current TCL and how it compares to your project pipeline and future work in progress.
  • Align NTA to construction capacity requirements
    Confirm that your NTA meets the required percentage thresholds (5% up to $20m, 3% thereafter) and consider strategies to strengthen your balance sheet if required.
  • Review solvency and cash flow position
    Ensure you can meet debts as they fall due and implement regular monitoring processes to identify risks.
  • Review your business structure (including trusts)
    Given trust assets are now recognised, reassess whether your current structure remains appropriate or if optimisation opportunities exist.
  • Implement or refine quarterly management reporting
    Ensure you can produce accurate and timely financial reports, ready to be provided to the regulator within 14 days upon request.
  • Engage with your adviser early
    Work with your accountant to model scenarios, assess compliance under the new framework, and identify any required funding or restructuring strategies. 

We recommend speaking with one of our local specialists to discuss how these changes may affect your business and to develop a strategy that ensures compliance while supporting sustainable growth.

 

For more information

If you would like to learn more about the topics discussed in this article, please contact your local RSM office.

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