Builder Website Disclosures Required Under the ACL

What it is

An AU residential builder website is a marketing channel in trade or commerce. Every page, blog post, gallery image and call to action is captured by the Australian Consumer Law. Three layers of obligation apply at once: ACL conduct rules, ACL specific representation rules and state-based licence display rules. Most builder sites are not built with these obligations in mind, and most fail at least one of them.

Identity disclosures

The builder must clearly identify the legal entity behind the site. The Privacy Act and the ACL both lean on this. A "Contact" page should list:

• Registered business name and ACN if a company
• ABN
• Builder licence number for every state the builder operates in
• Registered office address (or principal place of business if a sole trader)
• A working phone number and email

Most state building regulators require the builder licence number on advertising in that state. NSW Fair Trading rules require contractor licence number on every public-facing ad. QBCC requires the licence number on contracts, quotes and ads in Queensland. WA building registration numbers must appear on advertising under the Building Services (Registration) Act 2011 (WA). VBA requires the registration number on signage and ads in Victoria.

Failing to disclose a licence number on a website can be a separate state offence on top of any ACL exposure.

Pricing disclosures

If a price is shown anywhere on the site, two rules in particular apply.

Single price (section 48 ACL)

Where a price is quoted for goods or services, the total cost must be shown as a single figure inclusive of GST and any quantifiable fees. A builder cannot show "$350,000 plus GST" without also showing the GST-inclusive total in equal prominence.

Comparison pricing

"From $XXX,XXX" pricing must reflect a price a reasonable buyer can actually obtain. If the base price excludes basic items most buyers will need (site works, BAL, slab upgrades, energy compliance, fall, soil class above M, council fees) the headline price misleads. Either the site shows a realistic price or it shows the headline alongside a prominent statement of typical add-ons.

Strikethrough and discount claims

"Was $20,000, now $15,000" or "$5,000 off RRP" must reflect a genuine pre-discount price the builder actually charged for a meaningful period. ACCC enforcement has repeatedly targeted retailers that ran perpetual discount campaigns where the higher price was fictional.

Testimonials and reviews

The ACCC publishes specific guidance on online reviews. The website cannot:

• Publish fake reviews written by staff, family or paid third parties
• Selectively delete genuine negative reviews while keeping positive ones
• Edit reviews to remove negative content
• Use a testimonial without the reviewer consent and without disclosing any incentive paid
• Imply that paid testimonials are independent

If incentives are offered to encourage reviews, they must be available for both positive and negative reviews and the incentive must be prominently disclosed. A "verified by" badge that is not backed by a real verification process is itself misleading.

Galleries and project pages

Builders should only publish project photos where the work was actually completed by the builder or by trades the builder directly engaged on a job the builder ran. Stock photography is allowed but should be labelled. "Recent project" claims should be dated. "Award winning" claims should name the award, the awarding body and the year.

Claims about awards, memberships and tenure

Live claims need live evidence. If the site says "HIA member" the membership must be current. If it says "20 years in business" the entity behind the site must actually be that old. Mergers, restructures and licence transfers do not buy you the tenure of the predecessor company for ACL purposes.

Privacy and form disclosures

Any web form that collects a name, email or phone number triggers the Privacy Act 1988 if the builder turns over more than $3 million, or in any case if the builder is a "credit reporting body" or "health service provider", among other categories. Most production builders sit over the threshold. A privacy policy linked from the footer of every page is the minimum step.

What to put in place

Run a quarterly audit. Map every claim on the website to a substantiation file held by marketing. Check ABN, licence numbers and award memberships are current. Audit the testimonials page for documented consent and incentive disclosure. Pull the pricing page and replace "from $XXX,XXX" with a real base price plus an honest list of common add-ons. Date project galleries. Keep a screenshot archive so older claims can be defended.