NCAT can resolve disputes about residential building work in NSW under the Home Building Act 1989.
Home building cases are managed through NCAT's Consumer and Commercial Division.
‘Home building’ refers to any residential building work done by a building contractor or tradesperson. This includes building a new home or extension, installing a swimming pool or renovating a bathroom or kitchen.
You can apply online for a home building application.
Fees are payable for home building applications. View our fees and charges.
If you are making an application about a business or company, please attach a recent ASIC company or business name extract with your application.
Time limits apply to certain home building applications.
You must apply to NCAT within 6 years for major defects, or 2 years for other breaches.
You must apply to NCAT within 3 years from the date of the last supply (or when supply was required) or from the date of the contract.
You apply to NCAT within 10 years from completion of the work. Generally appeals must be lodged within 45 days of written notification by the insurer that the claim has been rejected.
Home building matters are generally first listed for a directions hearing. Check the notice of hearing from NCAT and follow the instructions provided.
Read the hearing preparation checklist to prepare for your hearing.
A Scott Schedule is a form which allows parties to itemise defective and incomplete works which are the subject of a home building dispute. They are generally used in complex home building matters and/or where there are a number of defects.
If a Scott Schedule is required, instructions about its use will be given by the Tribunal Member at hearing. Scott Schedule forms can be accessed from the Forms page in PDF or Word format.
Common home building dispute orders that NCAT can make includes:
Under the Home Building Act 1989, NCAT is to have regard to the principle that rectification of defective work by the responsible party is the preferred outcome (s48MA). NCAT may make an order even if it is not the order that the applicant asked for (s48O).
NCAT is required to provide NSW Fair Trading with a copy of all orders made against a builder or licensed tradesperson. Learn more about Enforcing home building orders.
08 Sep 2022
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