Internal review of decisions, and NCAT orders

Applying for an internal review of an SBBIS decision

When to apply for a review

You must submit your application for review within 14 days of receiving the original decision. 

Can I request a review of the decision?

Under the Strata Schemes Management legislation, there is an option to apply for an internal review of a decision:

• to arrange a building inspector to carry out a final inspection and report
• that a developer is not required to arrange for a final report
• to vary the period within which an interim report or final report is to be provided, or any other action is to be done
• that the whole or part of a building bond may be claimed or realised for payment to an owners corporation, developer or other person.

An internal review will consider the merits of the decision to determine whether the decision was reasonable and correct at law. 

A decision is not reviewable if the amount secured by the building bond has already been paid in accordance with the decision. 

For details, see section 213 of the Strata Schemes Management Act 2015 and clause 56 of the Strata Schemes Management Regulation 2016.

Who can apply for a review

You can apply for a review, to which the decision is related, if you are the:

• developer
• owners corporation
• owner of a lot in the strata scheme
• builder who carried out building work or who is responsible for defective building work.

How to apply for an internal review

Prepare your application

Write a submission clearly explaining why you think the original decision was incorrect or unfair and include any supporting documents as well as your Australian address.

Submit your application

You have two options for submitting your application: 

• Email: revdec@customerservice.nsw.gov.au or
• Mail: PO Box 972, Parramatta NSW 2124

Remember: Submit within 14 days of receiving the original decision.

What happens next? 

The review process

Following the receipt of your application:

• It will be assigned to a different officer, who was not involved in the original decision.
• You’ll receive confirmation that your application has been received.
• The review officer will evaluate all information you provide, along with the original decision and relevant legislation. 

Review outcome

After reviewing your application, the review officer will determine an outcome for your case. The outcome may be to:

• affirm the original decision
• vary the original decision, or
• set aside the original decision and replace it with a new decision.

NSW Civil and Administrative Tribunal (NCAT) orders

The NSW Civil and Administrative Tribunal (NCAT or the Tribunal) can make orders regarding:

• access to a lot
• the contract price of building work.

Who can apply to the Tribunal

Access

NCAT can order an occupier of a lot in a strata scheme (or anyone else) to allow access, so the lot can be inspected, or building work rectified.

An application can be made by:

• developer
• owners corporation
• building inspector
• builder.

Contract price

NCAT can make an order specifying the contract price of building work (which determines the amount of the building bond).

If there are other incidental court proceedings, the application must go to the Supreme Court of NSW.

An application can be made by:

• The Secretary
• developer
• owners corporation.

The order regarding the contract price won’t bind a court or tribunal in any other proceedings.

For details, see section 211 of the Strata Schemes Management Act 2015.