Home building dispute resolution
Most home building disputes are settled early with our expert inspectors. Find out more.
Dispute resolution process
When a resolution cannot be reached independently, Building Commission NSW will attempt to resolve the dispute to achieve a mutually satisfactory outcome for all parties involved.
A formal request for assistance from Building Commission NSW can be submitted by either the consumer or the trader; however, it is essential that both parties consent to engage in the resolution process.
Our effective early intervention dispute resolution approach employs qualified and highly experienced building inspectors to address and resolve home building disputes efficiently.
Inspection process
We have inspectors located in Sydney and various regional areas allowing for a coverage of the state.
Complaint inspection report
The inspector will complete an assessment of the complaint and evidence to determine if an onsite inspection is warranted.
The inspector will meet the consumer and trader on site after which the inspector will complete a complaint inspection report which records the outcome of the site inspection.
Rectification order
If an agreement cannot be reached, the inspector will assess the alleged defective or incomplete work.
If it is their opinion that the work is the responsibility of the trader, they may issue a Rectification Order directing the trader to undertake rectification work by a due date.
It is a breach of the Home Building Act 1989 for a trader to fail to comply with a Rectification Order.
NSW Civil and Administrative Tribunal (NCAT)
If agreement cannot be reached and the inspector is not satisfied on the 'balance of probabilities' that the alleged defective or incomplete work is the responsibility of the trader, a consumer can lodge an application with the NSW Civil and Administrative Tribunal (NCAT) to have the complaint heard and determined.
Time limits
The Home Building Act provides statutory warranties for a period of 6 years for a breach that results in a 'major defect' or 2 years in any other case.
'Major defect' is defined in the Home Building Act.
If the breach of warranty becomes apparent within the last 6 months of the warranty period, proceedings may be commenced within a further 6 months after the end of the warranty period.
For the to assist in resolving a dispute, a complaint must be lodged with and finalised by the Dispute Resolution and Inspection Branch before the expiry of the statutory warranty periods.
Dispute resolution statistics
The Building Commission NSW’s dispute resolution service has delivered the following outcomes:
Over 80% of these are resolved and did not need any enforcement action.
The on-site inspection takes place, on average, within 22 working days with resolution of the complaint, including rectification work being completed, taking on average 39 days.