New homes and consumer rights: England and Australia compared

Abstract

PurposeThe purpose of this paper is to contrast consumer laws in England and Australia in relation to residential building projects, and considers how the laws of England may be improved in light of the Australian laws.Design/methodology/approachThe paper reviews consumer laws in both England and Australia, and examines the measures that are in place (or not) to protect consumers who engage builders or purchase a home that contains latent defects.FindingsAfter comparing the laws of the two countries, the conclusion is made that English law could be improved by imposing regulations on builders, including by mandating the use of written contracts for building work which are required to contain particular terms, requiring builders to be licensed and insured, and by introducing a consumer‐friendly form of dispute resolution for home building disputes.Practical implicationsThe paper recommends that there be law reform in England.Originality/valueThe paper provides (so far as the authors are aware) the first comparison of English and Australian consumer laws in relation to residential building work.