NCAT can resolve disputes about residential building work in NSW under theHome 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, such as the construction of a new home, building of an extension to an existing home, installation of a swimming pool or a renovation of a bathroom or kitchen.
Attach a company or business name extract
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.
Breach of statutory warranties
You must apply to NCAT within 6 years for major defects, or 2 years for other breaches.
Supply of building goods or services
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.
Appeals about insurance claims
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.
What happens next
Home building matters are generally first listed for a directions hearing. Check the correspondence or notice you receive from NCAT carefully and follow the instructions provided.
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 concerning 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.
Orders NCAT can make
Common home building dispute orders that NCAT can make includes:
- home owner's non-payment for building work
- building work not carried out as agreed in the contract
- incomplete or defective home building work
- insurance claims.
Claims for the rectification of defective work
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).
NSW Fair Trading will receive a copy of the orders
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.
- Get legal help and advice
- Guideline - Home building applications (PDF , 55.1 KB)
- Procedural Direction - Acceptance of home building claims (PDF , 43.1 KB)
- Procedural Direction - Expert evidence (PDF , 49.4 KB)