Residential communities

Orders NCAT can make

NCAT can make orders in residential communities cases including:

• Site agreements and fees
• Community rules
• Rights and obligations
• Termination of agreement
• Utilities and other charges.

For more information about the orders NCAT can make, refer to the Residential (Land Lease) Communities Act 2013.

Is your application about a site fee increase?

​If at least 25% of home owners object to an increase in site fees by notice, their nominated representative can make a collective application to NCAT under s 71(1).

Before making a collective application to NCAT, the home owners must take part​ in compulsory mediation run by NSW Fair Trading.

See uncollected goods for information about applying to NCAT about disposal of goods left behind or abandoned.

How to apply

You can apply online. Learn how we handle your confidentiality and privacy.

What do I need to do before completing this application?

Gather your evidence

Relevant information includes:

• Site agreement
• Notices, letters and other correspondence
• Quotes or invoices
• Witness statements or affidavits. 

Correctly identify the other party

To make a claim against a person, business or company, you need to use their correct name or legal entity. You also need the correct address for service. 

If the other party is a business or company, search ASIC's Registers and attach the search to your application.

NCAT may ask you for more information to ensure the other party's details are correct. Not providing correct details can cause delays or the making of unenforceable orders.

Need more information?

• Visit the Legal Aid NSW website on how to identify the other party and a guided pathway
• Contact NSW Fair Trading for advice.
  

Application fee

View our current application fees and charges.

Concession card holders are eligible for a reduced fee. Have your concession card with you when you lodge the application to claim the reduced fee. 

What happens next

Residential communities matters are first listed for conciliation and hearing. Check the notice of hearing from NCAT and follow the instructions provided. If your case is not resolved at the first hearing it may be listed for a contested hearing on a later date.

Read the hearing preparation checklist to prepare for your hearing. 

Can someone represent me?

Most people represent themselves at NCAT. You can conduct your own case without a lawyer or other representative. If you want to be represented you can find out more about representation at NCAT.

Organisations that can help

NCAT cannot provide legal advice. For more information, go to Get legal help and advice for organisations that provide free or low-cost legal advice and information. Find out how we can and cannot assist.