Enforcing home building orders

Consumer and Commercial Division 

If NCAT has made orders against a licensed home building contractor or building consultant, NSW Fair Trading will be advised of the order.  The builder must then notify NSW Fair Trading's Home Building Service in writing as soon as possible when they have complied with the order.

If a building licence holder fails to comply with NCAT's orders, they will be unable to renew their licence with NSW Fair Trading.  When a building licence holder fails to pay a money order, their licence will be automatically suspended 28 days after the due date for payment.

Home building licence holders

If you are a home building licence holder, you must notify NSW Fair Trading's Home Building Service in writing as soon as possible when you have complied with NCAT's orders (for example, when you have done the work or paid the money). 

Correspondence should be addressed to: 

RAAU, Home Building Service
NSW Fair Trading
PO Box 972
Parramatta NSW 2124
Fax: (02) 9895 0843

If you do not notify the Home Building Service on or before the date by which the order was required to be complied with, the public register (kept under section 120 of the Home Building Act 1989) will show that you have failed to comply with the order, even if you actually have.

What happens if you do not comply with the order?

If you have an outstanding work order you may be unable to renew your licence when it expires.  From 15 January 2015 if you have an unpaid money order issued by NCAT or its predecessor Tribunal, your licence will be automatically suspended 28 days after the due date for payment. 

You can be fined up to $22,000 if you falsely claim you have complied with the order.

Visit NSW Fair Trading's website for more information on automatic suspension of building licences.

2014-03-14
 
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Useful contacts

NSW Fair Trading          

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Australian Institute of Building

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Master Builders Association NSW

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