What is the deadline to issue a payment schedule (residential)?

Under Australia’s Security of Payment legislation, contractors and consultants have a legal right to receive progress payments, even if the contract doesn’t clearly state when payment is due. In such cases, the law provides a default payment timeframe.

Residential builds: default payment rules

• In NSW, if the contract is silent, payment is due 10 business days after the payment claim is served under the Building and Construction Industry Security of Payment Act 1999 (NSW).

• In Victoria, the default is also 10 business days, unless the contract sets a shorter period.

• In Queensland, the timeframe is 15 business days, unless otherwise agreed.

• Other states and territories follow similar principles, but the exact number of days may vary slightly.

These timeframes apply to valid payment claims made under the relevant SOP Act.

The claim must:

• Be in writing

• Identify the work or services provided

• State the claimed amount

• Be served in accordance with the Act’s rules

Why this matters

• If the homeowner doesn’t pay or respond with a payment schedule within the required timeframe, the claimed amount can become a statutory debt.

• The contractor may then pursue adjudication, legal action, or even suspend work under the Act.

Best practices

• Even if your contract is silent, assume SOP laws apply and act promptly.

• Use tools like My Build Hub to track payment claims and deadlines.

• If you're unsure about the due date, refer to the relevant state legislation or seek legal advice.

Bottom line: When a residential contract doesn’t specify payment timing, SOP laws kick in with strict default deadlines, usually 10 business days. Ignoring these can lead to legal consequences and project delays.

This table incorporates the major 2025 legislative reforms in VIC, recent regulatory changes in SA and ACT, and clarifies current NSW provisions for owner-occupiers and other claimants, with citations for each new or confirmed point. Copy-paste this directly into Word for further formatting as required.

State	Act	Owner-occupier head contracts	Payment schedule deadline	Payment due if contract silent	Adjudication availability	Notes
NSW	Building and Construction Industry Security of Payment Act 1999	Applies to owner-occupier residential contracts from 1 Mar 2021 for new contracts [10 business day rules apply]	Earlier of contract or 10 business days from service of claim	10 business days for homeowner if the contract is silent	Yes (strict timeframes)	Monthly claims permitted. Payment claims must be endorsed “made under the Act”. Principal → head 15 business days (non-res), head → sub 20 business days, separate homeowner 10 business day default applies if silent. Court can stay enforcement against owner-occupiers in hardship.
VIC	Building and Construction Industry Security of Payment Act 2002	Applies to residential construction contracts; major reforms (Bill 2025) pending, effective by 1 Sep 2026. Reforms will apply retrospectively to existing contracts.	10 business days or earlier if the contract requires it (reforms propose harmonisation; pending)	Generally as per contract (reforms propose standardisation; pending)	Yes (strict timeframes, more aligned nationally under reforms)	Proposed reforms remove reference dates, cap payment times, and provide for standard statutory timeframes. Some changes apply retrospectively; exceptions for live claims/adjudication. Pre-2025 regime still applies until reforms commence.
QLD	Building Industry Fairness (Security of Payment) Act 2017	SOP primarily protects the contractor chain; disputes by/against residential owners often proceed via QCAT rather than adjudication	Payment schedule by contract or statutory timeframe under BIF processes	As per contract/statute; trust account rules for certain large contracts	Yes for contractor chain; homeowner disputes generally via QCAT	Use BIF adjudication for builder ↔ subcontractor. Owners commonly use QCAT/courts for head contracts in residential space.
WA	Building and Construction Industry (Security of Payment) Act 2021	Applies to certain home building work (special homeowner rules)	15 business days (or earlier by contract) to serve a payment schedule	10 business days for certain home building work if contract is silent	Yes (with new regime and timeframes)	If no schedule/payment, claimant can proceed to adjudication; principal → head 20 business days, head → sub 25 business days; 10 business days applies for specified home building work. Draft 2025 Bill aims to further clarify and strengthen process for government projects; open for consultation.
SA	Building and Construction Industry Security of Payment Act 2009	Applies to residential construction contracts	15 business days (or shorter by contract) to serve a payment schedule	15 business days after claim if contract is silent	Yes (defined process and flowcharts)	If no schedule in time, respondent liable for full claimed amount and loses part of their adjudication rights. As of May 2025, "prescribed contracts" (Crown >$4m) now exempt from some SOPA sections, but subcontractors still protected by Act.
TAS	Building and Construction Industry Security of Payment Act 2009	Applies to residential construction contracts (state scheme exists)	Use contract or statutory timeframe under Tasmanian SOP scheme	Use contract or default under Tasmanian SOP scheme	Yes (state scheme exists)	Use Consumer, Building and Occupational Services (CBOS) guidance for exact Tasmanian timeframes and forms.
ACT	Building and Construction Industry (Security of Payment) Act 2009	Applies to residential construction contracts (territory scheme exists); recent reforms clarify monthly claims	Use contract or statutory timeframe under ACT SOP scheme	Use contract or default under ACT SOP scheme	Yes (territory scheme exists)	Statutory timeframe introduced in 2024: earlier of 15 business days after claim or as per contract (if shorter). Reference date concept abolished.
NT	Construction Contracts (Security of Payments) Act (NT)	Applies to residential construction contracts (territory scheme exists)	Use contract or statutory timeframe under NT SOP scheme	Use contract or default under NT SOP scheme	Yes (territory scheme exists)	NT scheme provides adjudication and timelines for residential construction contracts.