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How much deposit can a builder ask for?

A quote asks for a big deposit up front. Is that allowed? Most states cap it by law, and the cap depends on where you live and the size of the job. Here's a summary for every state and territory, with links to the official rules.

Check before you pay: if a quote asks for more than the cap, ask why, and don't pay it until you've checked with your state regulator. In some states, money paid above the legal deposit isn't covered if the builder goes broke.

At a glance

StateMaximum deposit
South Australia$1,000 if the contract is under $20,000; 5% if it's $20,000 or more
New South Wales10%
Victoria10% under $20,000; 5% at $20,000 or more
Queensland20% for $3,300 or less; 10% under $20,000; 5% at $20,000 or more
Western Australia6.5% for contracts from $7,500 to $500,000
Tasmania10% from $20,000 to $50,000; 5% at $50,000 or more
ACTNo legislated maximum found; check with Access Canberra
Northern Territory5% under the standard payment schedule

Some states allow a higher deposit (often up to 20%) when most of the work is made off-site, such as custom cabinetry. Details below.

South Australia

Sources: Consumer and Business Services: Form 1, your building contract rights and obligations · Building Work Contractors Act 1995 · Advisory Notice Building 03/25: building indemnity insurance

New South Wales

Source: NSW Government: contracts for residential building work

Victoria

Source: Consumer Affairs Victoria: deposits and payments

Queensland

Source: QBCC: deposits and progress payments

Western Australia

Source: Consumer Protection WA: building contracts

Tasmania

Source: CBOS: Residential building consumer guide

Australian Capital Territory

We couldn't find a legislated maximum deposit for residential building work in the ACT. Master Builders ACT says the ACT Building Act doesn't set one. Agree a modest deposit tied to clear stages of work, and check with Access Canberra before you pay.

Sources: Access Canberra · Master Builders ACT

Northern Territory

Source: NT Government: signing a residential building contract

Progress payments

After the deposit, payments should follow completed stages of work, not run ahead of them. Compare each quote's payment schedule as well as its total.

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More guides

General information only, not legal advice. Summarised from state regulators' guidance in October 2026. Rules change, so always confirm with your state regulator before relying on them.